Snowboarders cited for triggering avalanche at Eisenhower tunnel

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Originally Posted by MakersTeleMark

But the rub is that J. Casias stated that it would be unlikely that the prosecution would have any CAIC EE's as experts, so none of that is going to come in.

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I definitely might have misread the article (or it might have been reported badly). I thought the ruling was that CAIC is going to be required to testify as expert witnesses for the prosecution, over their objections? But that they were not expected to testify on whether or not the snowboarders broke the law - just on the factual information about the avalanche? I would think placement of the O'Bellx would come up in questions to them.
I'm legitimately curious, I definitely might be misunderstanding and you would know.

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Originally Posted by MakersTeleMark

If you lose at trial you are 100% on the hook for restitution.

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Interesting. Fair enough, I wouldn't know .. but it just seems like there would be a 'mitigating circumstances' consideration at sentencing.

rather than scrolling 15 pages when is the trial date?

today

I'd like to be at the trial just to ask why the hell, in a state with a million good lines, they wasted their time skiing windswept garbage above I70?

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Originally Posted by kathleenturneroverdrive

I'd like to be at the trial just to ask why the hell, in a state with a million good lines, they wasted their time skiing windswept garbage above I70?

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Well that's a solid opening argument. (Disclaimer. I am not a legal dentist.)

If their lawyer doesn't claim insanity based purely on their terrible choice of a line then they need to find new representation (disclaimer: I am a rocket surgeon lawyer)

https://www.summitdaily.com/news/cri...valanche-case/

didn't get my summons kinda pissed
bet the lazy gov't employees didn't realize the us post office sucks and they needed to go out a month ago, sure they will all show up at everyone's po box in a week or so

I could see having charges filed if a motorist or structure were damaged. It’s a bit ironic that the equipment designed to set off avalanches, was damaged by an avalanche. It’s not inconceivable that the device could eventually have triggered a similar slide to the one these guys set off.

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Originally Posted by Jethro

I could see having charges filed if a motorist or structure were damaged. It’s a bit ironic that the equipment designed to set off avalanches, was damaged by an avalanche. It’s not inconceivable that the device could eventually have triggered a similar slide to the one these guys set off.

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Deterring people in the future from doing things like what they did by making an example of them is part of the system

I updated my SnowBrains story this afternoon to reflect today’s news.

https://snowbrains.com/mistrial-decl...nhower-tunnel/

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Originally Posted by snoqpass

Deterring people in the future from doing things like what they did by making an example of them is part of the system

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I agree with you. And without seeing any testimony, I’d bet a jury finds them guilty

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Originally Posted by Jethro

I agree with you. And without seeing any testimony, I’d bet a jury finds them guilty

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Fortunately for them not enough people bothered to show up for jury duty

Knock knock, Ed....

Who's there?

All the COVID kiddies and us locos waitin for our vax, should we come in?

We're all downstairs at Eric's smokin blunts and waiting for the webex feed, yo.

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The court was hoping to put together a jury of six community members, but after the second wave of prospective jurors was questioned, and several were released for cause, only nine remained.

While nine would have worked, Casias noted that the defense and prosecution would have been allowed up to four peremptory challenges each in subsequent interviews, meaning they could excuse prospective jurors without explanation. Casias ultimately decided to declare a mistrial.

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With the amount of resources already spent by CO taxpayers, that oblex or whatever could have been replaced 10x.

Good job Heidi. Way to pick up Bruce's shit on your first day. I'm really sorry for you.

And to let you know how backed up the docket is, trial date in June, it's fucking March. Think the jury pool might change much? Think fucks will be given much? This will be a blister on his docket. And I really like the guy, and the prosecutor, but what did you really expect?

This whole case is a full #facepalm on every side.

Case dismissed. See you in traffic in the summer.

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Originally Posted by MakersTeleMark

Knock knock, Ed....

Who's there?

All the COVID kiddies and us locos waitin for our vax, should we come in?

We're all downstairs at Eric's smokin blunts and waiting for the webex feed, yo.



With the amount of resources already spent by CO taxpayers, that oblex or whatever could have been replaced 10x.

Good job Heidi. Way to pick up Bruce's shit on your first day. I'm really sorry for you.

And to let you know how backed up the docket is, trial date in June, it's fucking March. Think the jury pool might change much? Think fucks will be given much? This will be a blister on his docket. And I really like the guy, and the prosecutor, but what did you really expect?

This whole case is a full #facepalm on every side.

Case dismissed. See you in traffic in the summer.

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This
what's the deal with the new da? obviously its business as usual no changes

imagine a new plea deal is on it's way before June for a slap on the wrist? but no everyone needs to keep course or the da's office looks like the idiots they are if they start back tracking

again way to call a jury when half the county is on spring break
only calling 40 people? wtf? they know that only 30-40% of the people called show up anyways and half the people walk out the door because they have either have run ins with the law or they already no too much about the case to be a good jury small town shit

Hah!!

Nice way to weasel out of having to try the case.

I predict that its not coming back.


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Case settled

https://coloradosun.com/2021/05/18/c...nnibal-dewitt/

That was definitely worth the thousands of dollars CO taxpayers spent on this case.

Seems like a fine result but the skiers' attempts to portray themselves as on the side of Good and Justice rubs me the wrong way.

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Originally Posted by cravenmorhead

Seems like a fine result but the skiers' attempts to portray themselves as on the side of Good and Justice rubs me the wrong way.

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yup

Did they plead guilty to a lesser charge and if so, what?

I think they should have had to do more than just 20 hours of service, but this is better than them being found guilty and having to pay 168K, or being found innocent.

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Originally Posted by Hannibal

"Tyler and I could have easily hiked back up the ridgeline and skied down the safe gully and no one would have known we were up there"

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This guy just can't keep his mouth shut... what an idiot. They buried the road! CDOT, the helicopter, and ground emergency response would have had an easy time seeing them booting back up the ridge. And if they "ran" I don't think they'd have made the deal they just made...

Glad this is over. The whole thing was embarrassing.

x2

It's weird that the article doesn't state what charge they pled guilty to, but obviously there was one if there is community service and probation.

It's fucking ridiculous that so much time and effort was expended to get to this result.

This article says "the two men had agreed to plead guilty to reckless endangerment, a class 3 misdemeanor, and that prosecutors would not seek the restitution damages."

So sounds like they plead to the original charge, with no reduction, and no diversion agreement, but in exchange they didn't have to pay the restitution. I think I would take that if I was the defendant. Would you want to risk $150k+ of restitution if convicted? They can probably vacate/expunge the record of this offense after a period of time.

https://www.thedenverchannel.com/new...plea-agreement

Why that was not offered earlier is a mystery, explained only by the incompetence or desire for publicity of the DA.

That was not the result I was expecting after all the bullshiting back and forth. The legal system sometimes... ugh.

https://snowbrains.com/settlement-pe...in-march-2020/

too many people were going to look real stupid
shit probably came down from the top to end it
bruce brown is running for what these days? another da turned poltician tough on crime? the new chick obsviously didn't get the memo until a few weeks ago
the legal system is very fucked they usually go for pleas all day long no da wants to goto trial and they throw as many charges as they can make up against you to see what actually sticks to the wall at the end of the day

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Originally Posted by ~mikey b

https://snowbrains.com/settlement-pe...in-march-2020/

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I continue to be impressed by your writing.

What a waste of resources.

They should have latched onto these guys with the threat of prosecution to bring them into a public relations effort to educate BC users about taking extreme care about avoiding avy terrain that threatens infrastructure and travelers on the road.

Instead they got 20 hours of community service picking up trash or shelving books at the library.

DA stupid
CDOT stupid
These two guys stupid


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Originally Posted by altasnob

They can probably vacate/expunge the record of this offense after a period of time.

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Not in Colorado, if my memory serves. I'm too lazy to do the research at the moment, but I think you can only seal charges, not convictions.

yes the judge can seal up convictions and charges from your record after a few years if you can bullshit and prove that your a good person now

Looks like they can file a motion to seal the conviction after 2 years:

https://casetext.com/statute/colorad...iction-records

Ah, I think I was remembering the expungement statute, rather than the sealing statute. The sealing statute is broader than I expected.

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Originally Posted by Kinnikinnick

DA stupid
CDOT stupid
These two guys stupid

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this.

And, could CDOT sue these guys in a civil court for damages (as opposed to 'restitution' ordered as result of criminal court)? Seems like you hear about monetary civil suits like that sometimes.

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Originally Posted by altasnob

This article says "the two men had agreed to plead guilty to reckless endangerment, a class 3 misdemeanor, and that prosecutors would not seek the restitution damages."

So sounds like they plead to the original charge, with no reduction, and no diversion agreement, but in exchange they didn't have to pay the restitution. I think I would take that if I was the defendant. Would you want to risk $150k+ of restitution if convicted? They can probably vacate/expunge the record of this offense after a period of time.

https://www.thedenverchannel.com/new...plea-agreement

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Originally Posted by cravenmorhead

Not in Colorado, if my memory serves. I'm too lazy to do the research at the moment, but I think you can only seal charges, not convictions.

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Originally Posted by fastfred

yes the judge can seal up convictions and charges from your record after a few years if you can bullshit and prove that your a good person now

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Originally Posted by altasnob

Looks like they can file a motion to seal the conviction after 2 years:

https://casetext.com/statute/colorad...iction-records

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Originally Posted by cravenmorhead

Ah, I think I was remembering the expungement statute, rather than the sealing statute. The sealing statute is broader than I expected.

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If they plead guilty to a deferred sentence then they can seal the arrest and conviction after dismissal. If they plead straight up, then no.

The articles posted don't say, so no point in speculating, but I would guess deferred, because I would never advise a client who is a nurse to plead straight up to reckless endangerment. Kinda destroys their job prospects for life.

https://www.summitdaily.com/news/cri...2mGlxaGRmsbwAw

Article still doesn't specify if they plead to some kind of deferred sentence, just:

"Casias sentenced the men to 20 hours of useful community service each. They’ll also have to pay about $1,150 in court fines, though they otherwise won’t have to pay any restitution for the incident."

“It’s very disappointing to take a guilty plea because at no point did we feel guilty,” DeWitt said in an interview with the Summit Daily after the sentencing. “At no point did we act recklessly out there, but this was just an opportunity that we couldn’t pass up … and this isn’t going to change the way I recreate at all. But it would have been ridiculous to pass up 20 hours of community service and gamble with a financial loss for the rest of our lives. So it’s sad to bend over and get strong-armed by the DA, but that’s what we had to do.”

So sounds like they did some kind of Alford Plea, because they are still maintaining their innocence? For practical purposes, an Alford Plea is exactly the same thing as a regular plea, it just lets the Defendant to still claim they are innocent. Most prosecutors refuse to allow Alford Plea's on plea agreements where I practice just because they want the Defendant to own up to what they did.

“You can report stuff anonymously and still get the information out there,” Hannibal said. “There are ways of going about things and keeping the community safe that don’t involve waiving your Fourth and Fifth Amendment (rights).”

Better be careful on how you"anonymously" report your avy info. Police can subpoena phone records and url addresses to find out who submitted it and Summit County cops have shown they have zero problems wasting tax dollars going to such ridiculous extremes. Better "anonymously" submit your report by mail or go to a public library, create an email there, and use the fake email to report it. What a world we live in.

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Originally Posted by altasnob

Better be careful on how you"anonymously" report your avy info. Police can subpoena phone records and url addresses to find out who submitted it and Summit County cops have shown they have zero problems wasting tax dollars going to such ridiculous extremes. Better "anonymously" submit your report by mail or go to a public library, create an email there, and use the fake email to report it. What a world we live in.

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Any attorney would tell you to use caution in how you report an incident in which you have have injured or killed someone or destroyed property. :rolleyes2 Maybe not handing over a video of you acting like a complete fucking idiot who knew you were behaving recklessly and ignoring danger to become public record fall under that advice? :biggrin:

However, if you don't do those things probably keep on submitting your obs normally.

I'm glad they don't have a felony on their record, but I wish part of the plea deal is that they'd have to STFU with their faux-victim we-dindu-nuttin bullshit and other self-righteous spew. What fucking arrogant and irresponsible toolbags! At least it is reassuring to know that those who have worked with Hannibal (at more than one location) tend to hold similarly negative views of him as his current and former coworkers have vented to me or asked me my opinions.