GRAND JUNCTION, Colo. (KUSA)-- “Nobody should have to bury their kids. Not for something dumb, like what happened. It just could have totally been avoided,” says Curtis Littlepage’s mom, who lost her son when a car crashed into him as he was riding his motorcycle.
Curtis Littlepage, a former Marine who served in Iraq, and the second child of Pat and Anita Littlepage, died in January of 2018 at the age of 35.
Littlepage was returning from the Harley dealership and going to visit his family when a red truck crashed into him.
The man in the red truck was Kevin Clayton, who police say was high on marijuana, driving with a restrained license, and who had a previous record of driving under the influence.
Clayton was first arrested for a DUI in 1997, then in 2001, 2002, and 2015. Furthermore, Clayton was on a three-year deferred sentence in a 2014 drug case, which he entered into a plea deal which was approved by the office of Dan Rubinstein, the Mesa County District Attorney.
Clayton violated this plea deal 41 times- 21 missed tests, 19 positive tests for oxy, pot, meth, and a DUI conviction. He could have been taken off the streets long ago. And Curtis Littlepage could still be alive.
Instead, Clayton wasn’t taken to jail, because the probation officers did not notify Dan Rubinstein of Clayton’s violations. Instead, the officers praised his sobriety after he only passed seven of those tests.
“We knew nothing about any of the dirty drug tests, we knew nothing about any of the missed drug tests,” says Dan Rubinstein.
Rubinstein went on to confirm that he should have been notified from the probation officers, whose offices are directly across the hall from the DA’s office.
After hitting Littlepage, Clayton was let go for the time being as authorities were waiting for the results of the blood test he undertook after the accident.
Six weeks after the accident, Clayton was back driving with his restrained license, and got into a hit and run accident on Patterson Road after he slammed into a back of a vehicle at a red light.
“Why? Why? Why? Why is he still driving around,” says Anita Littlepage, Curtis’s mother.
Police had the same question and went and picked Clayton up the next day.
Last November, Clayton was sentenced to 12-years in prison for the death of Curtis Littlepage.
The Littlepage family has since filed a lawsuit against the probation officers and the agencies involved, arguing if they had not dropped the ball, their son Curtis would still be alive with them today.
The first hearing on this lawsuit was held on Wednesday, September 11.