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Police: Woman killed in ice cream shop crash part of ID theft ring

Published November 20, 2008 at 7:57 p.m.

At her funeral, Patricia Guntharp was remembered as a "Care Bear" grandma, a woman who cooked fresh peanut brittle and had a gift for making and keeping friends.

But Guntharp — one of three people killed in a collision outside of an Aurora ice cream shop in September — had a troubled past.

Police reports reveal that Guntharp, 49, of Centennial, was a member of a sophisticated identity theft ring in Colorado.

The group stole the identities of nearly 500 people and raked in roughly $400,000 by passing forged and counterfeit checks and money orders and stolen credit cards. Many of them stole to feed their methamphetamine addictions.

"The organization was one of the largest ever investigated by police for this type of activity," said Det. Bob Friel, spokesman for the Aurora Police Department.

"She (Guntharp) was a lesser player. She was responsible for passing bad checks. Their motivation for producing and cashing counterfeit checks was to support their methamphetamine addiction," he added.

Guntharp was among 20 people arrested and indicted by a grand jury in May on charges that included forgery, theft, drug possession and counterfeiting.

The theft ring operated from Fort Collins to Colorado Springs. The group stole driver's licenses and other identification from cars as well as checks and money orders from apartment rent deposit boxes, police said.

Guntharp pleaded guilty in July to forgery, a class 5 felony.

She was sentenced to two years of probation and a drug treatment program. She was also required to undergo mandatory drug testing while on probation, said Lynn Kimbrough, spokeswoman for Denver District Attorney Mitch Morrissey.

Guntharp's case was dismissed on Sept. 12 after the DA's office learned of her of death.

Guntharp was killed while making a left turn near East Mississippi Avenue and South Havana Street when Francis Hernandez sped through a red light and broadsided her pickup. Autopsy reports showed she had enough methamphetamine in her blood to be considered intoxicated.

Also killed was Guntharp's best friend and passenger, Debbie Serecky, 51, of Aurora; and Marten Kudlis, 3, of Aurora, who was inside the Baskin-Robbins, snared by the wreckage and dragged to his death.

Hernandez, 23, an illegal immigrant who fled the scene of the accident, faces 19 charges, including three counts of vehicular homicide and child abuse resulting in death.

The Sept. 4 crash sparked public outcry after it was learned that Hernandez was an illegal immigrant and had been arrested nearly 20 times for traffic offenses but never deported.

Kallman Elinoff, Hernandez's attorney, said Guntharp's drug use contributed to the accident and her criminal record proves she routinely engaged in high-risk and reckless behavior.

Elinoff contends Guntharp shoulders blame for the crash because she crossed a double-yellow line and made a "dangerous" left turn just 30 yards from the intersection.

"Her whole adult life was high-risk, criminal behavior," he said. "When you steal people's money and identity to feed a drug habit, why is it hard to believe she engaged in the same high-risk behavior the night of the accident?"

Guntharp's family could not be reached for comment Thursday.

The Denver DA's office was unaware of any violations to Guntharp's probation at the time of her death, said Kimbrough.

Police and prosecutors maintain Guntharp's felony conviction and drug use is immaterial to the Hernandez case.

Last week in court, they argued Hernandez caused the fatal crash when he ripped through the red light at 78 mph, twice the posted speed limit of 40 mph.

Police also said there is no evidence that Guntharp was driving poorly.

Former Adams County DA Bob Grant said Guntharp's troubled past and drug use may sway a jury, but it's long shot.

"If his (Hernandez's) attorney can show she acted in a reckless manner, he may have a case," he said. "But there is nothing to indicate that she did anything to contribute to the accident but for being there."

Attorney Craig Silverman, a former prosecutor, said it's not likely the court will allow her criminal record to be introduced in Hernandez' trial. Judges frown on lawyers who "speak ill of the dead," he said.

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