No charges against contractors

Report: “Not enough evidence” to convict in fatal explosion at retirement facility

One year after an explosion at a retirement facility in Aurora killed an 82-year-old woman and injured three others, authorities say no charges will be brought against the cable company and contractors who were digging to lay fiber optic lines that day.

The fire investigation documents, obtained by The Denver Post through an open records request, concluded that contractors for Comcast, ICS Communications and Bohrenworks struck a gas line Nov. 16 while boring underground at the Heather Gardens retirement community.

“After meeting several times with the 18th Judicial District Attorneys, the decision was made that there was not enough evidence at this time to successfully convict any of the parties involved in this incident,” Aurora Fire Rescue investigator Cpt. James Eitel wrote in his conclusions.

The ICS contractor, Ramiro Colmenero, told investigators that he was “told to do a boring operation in an area that he was unsure of where the utilities were located,” according to an Aurora police offense report.

Colmenero said he told his supervisor that there were no markings for utilities on the ground, just white marks and yellow flags indicating sprinkler heads and lines.

“Josh clearly told me it looks like you have a clear shot,” he told investigators.

When the operator pulled the boring device back through the hole, he smelled gas. Colmenero immediately called 911.

Xcel Energy crews, called in to fix the leak, “became angry” with Colmenero and told him “they were tired of the gas lines being hit,” Colmenero told investigators.

Soon after, an explosion ripped through the chimney of a nearby house, sending Colmenero flying backward.

Carol Ross, a beloved neighbor and world traveler, was killed in the explosion. Three others were injured, including one firefighter.

Investigators determined “this explosion and subsequent fire was caused by an unintentional human act or omission,” the report said.

The explosion occurred when gas leaked underground through the soil and entered the house through a crack or hole in the structure and then ignited, fire officials said.

“Our hearts go out to the families impacted by the events of last year, and we continue to work with the Heather Gardens Community,” Comcast spokeswoman Leslie Oliver said in a statement. “In light of the pending claims, and the fact that Comcast has yet

to review a copy of the report, we are unable to comment further.”

Representatives with ICS could not be reached immediately for comment.

“The department offers our deepest condolences to the loved ones of Carol Ross who died last November,” Aurora Fire Chief Fernando Gray said in a news release. “We understand that the one-year mark can be difficult for all impacted, including those who were displaced, those who were injured and especially those who lost a loved one.”

After the explosion, shaken residents were evacuated to the community clubhouse and nearby hotels as firefighters worked all day to put out the flames.

Those who lived at Heather Gardens were also upset because Aurora fire and Xcel Energy crews responded to the residential community twice on consecutive days and 25 times in the six months before the deadly explosion.