Driver in Boulder County hit-and-run that injured Andrew Bernstein sentenced to prison

Oct. 22—The driver in a hit-and-run that seriously injured Andrew "Bernie" Bernstein in 2019 pleaded guilty Friday and was sentenced to two years in prison.

Stephen Thomas Grattan, 49, pleaded guilty Friday in Boulder District Court to one count of attempting to leave the scene of a crash involving serious bodily injury.

Grattan waived a factual basis to the charge to allow for the plea deal, which included prosecutors dismissing the original counts of leaving the scene of a crash and reckless driving.

The plea included a stipulated sentence of two years in prison. Boulder District Judge Norma Sierra imposed the agreed upon sentence after accepting Grattan's plea, while acknowledging that "it falls short of the losses experienced by Mr. Bernstein, who even long after Mr. Grattan has completed parole, will continue to experience the consequences of this incident."

Grattan was remanded into custody of the Boulder County Sheriff's Office following the sentence, and will wait at the Boulder County Jail until he can be transferred to the Department of Corrections.

"I'm sorry to everybody that's involved in this incident," Grattan said prior to his sentencing. "I'm taking full responsibility for this action, and I would like to apologize to Andrew."

Bernstein also addressed the court and said the sentence was "warranted and appropriate." But he said the sentence was also "not adequate to help me," and said he wished Grattan could have his driving privileges revoked and said the justice system treats driving like a right rather than a privilege.

"I can only hope incarceration helps him become a better driver and a better person," Bernstein said.

Bernstein also said he wished Grattan could be held financially responsible for a lifetime of therapy and treatment. Boulder Chief Trial Deputy District Attorney Adrian Van Nice did ask for 91 days to file for restitution in the case.

Bernstein was riding his bike west on Arapahoe Road on July 20, 2019, when he was struck by a vehicle that did not remain on scene. A passerby found Bernstein and called for help.

"I am now a very different person than I was on July 20, 2019, when this dangerous and irresponsible driver hit me with his vehicle and nearly killed me," Bernstein said, adding, "I was very fortunate to survive."

Bernstein suffered numerous severe injuries as a result of the crash, including an injury to his spinal cord, and said he is still unsure if he can father children and that he will have to deal with the effects of the crash for the rest of his life.

"The time required by extensive medical care leaves me challenged to live a full life that includes a career, family, and friends," Bernstein said. "Though I am still coming to understand the full ramifications of this assault, I know the impact is enormous."

Colorado State Patrol investigators were able to eventually use evidence found at the crash scene and video footage to identify the van that hit Bernstein and track it to Grattan, but he was not arrested until June, almost two years after the crash.

"Because he fled we will never know if he was drunk or high or distracted," Bernstein said.

Sierra agreed that "there was a lack of explanation of what could support the callousness" of Grattan leaving the scene and not turning himself in.

"I can understand the panic," Sierra said. "But then not responding to it in the subsequent days..."

But Sierra did say she appreciated Grattan taking a plea deal, even if she questioned whether he ever would have admitted his role had the investigation never identified him as a suspect.

"I do appreciate the fact that you are entering this plea," Sierra said.

Bernstein said he also hopes the case will be a reminder to drivers.

"I am slightly more hopeful that others hearing about this case will remember their duty to be responsible on the road, and to look out for others on the road," Bernstein said. "Given that the sentence fails to truly and fairly mete out justice for me, I hope that it at least keeps someone else from suffering as I have."