Timnath woman pleads not guilty in crash that killed 10-year-old bicyclist
A trial has been set for the Timnath woman charged with careless driving in the crash that killed a 10-year-old boy riding his bike in a residential neighborhood in August.
The boy, Oliver Stratton, was riding his bike south on Saddle Horn Drive and was crossing River Pass Road when he was hit by a 2019 Audi SUV — driven by a 53-year-old Timnath woman — heading eastbound on River Pass Road just before 6 p.m. Aug. 2, according to the Larimer County Sheriff's Office.
The driver, Amy Weiss, has been charged with careless driving resulting in death, a Class 1 traffic misdemeanor, and tampering with physical evidence, a Class 1 misdemeanor.
Larimer County Sheriff's Office investigators previously said in a news release that "several environmental factors impacted visibility for both the driver and the cyclist," but they believe evidence also shows the driver was distracted at the time of the crash. Investigators have not elaborated on what environmental factors possibly impacted the crash, what they believe the driver was distracted by or the reason she was charged with tampering with physical evidence.
On Monday, Weiss pleaded not guilty to both charges. A three-day trial has been scheduled for July 24-26.
Weiss's attorney Joseph Gavaldon told the judge they wanted to set the case for trial after receiving an "unacceptable" plea agreement offer from the district attorney's office.
The plea agreement offered by the prosecution would have required Weiss to plead guilty to both counts with a stipulation to a probation sentence, 8th Judicial Deputy District Attorney Amanda Duhon explained during Monday's court hearing, and any jail time ordered by the judge could be served through alternative sentencing options, like community corrections or work release.
A Class 1 traffic misdemeanor is punishable by a minimum of 10 days and a maximum of one year in jail, a fine of $300-$1,000, or both. A Class 1 misdemeanor is punishable by up to 364 days in jail, a fine up to $1,000, or both.
Timnath police previously told the Coloradoan that preliminary reports indicated the vehicle involved in the crash was traveling approximately 30 mph in the area with a posted speed limited of 40 mph. They said the driver remained on scene and that neither speed nor impairment appeared to be causes of the crash.
Timnath police corrected their initial report that said Oliver had been traveling westbound on River Pass Road and abruptly turned left onto Saddle Horn Drive in front of the oncoming vehicle, which was traveling eastbound on River Pass Road. The corrected report, matching details released by the sheriff's office, was issued a few days after Oliver's death.
The speed limit on River Pass Road in between Three Bell Parkway and Summerfield Parkway — where Oliver was hit — was reduced from 40 mph to 35 in mid-September. The speed reduction was an early result of an independent safety study of the River Pass Road corridor, which the town initiated in response to Oliver's death.
Oliver was an incoming fifth-grader at Bethke Elementary School in Timnath. The school's principal described him as "the kindest soul" in an email to families following his death.
In the days after Oliver's death, a memorial was created at the intersection of River Pass Road and Saddle Horn Drive with flowers, stuffed animals, Pokémon cards and other mementos in Oliver's memory.
Weiss is next scheduled to appear in court May 15.
All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
Senior reporter Miles Blumhardt contributed to this report.
This article originally appeared on Fort Collins Coloradoan: Trial set for Timnath driver charged in crash that killed 10-year-old
