Eight months after champion Boulder cyclist Magnus White was killed in a devastating roadway collision, the accused driver's plea and trial date was delayed Friday.
20th Judicial District Court Judge Patrick Butler approved the delay in order for Yeva Smilianska's attorneys to have time to review 70 hours of law enforcement body-cam footage.
White, a 17-year-old cycling phenom, was killed on a paved portion of Highway 119 and North 63rd Street on July 29, when investigators said Smilianska's Toyota Matrix slammed into him.
”Based on the totality of circumstances, it appears most likely that Smilianska was asleep at the time of the crash,” a Colorado State Patrol affidavit said.
Magnus' parents, Jill and Michael White, were in the courtroom for the hearing and issued a statement saying their son's death was a crime and not an accident.
"The driver's decision to not enter a plea at this time and file a motion to extend the proceedings does not surprise us. It only delays the outcome of the case and prolongs our suffering. Each court appearance continues to and will continue to take us back to reliving the day Magnus was killed," they said.
No trial date was set, and the defendant did not enter a plea to the charges.
Smilianska's attorneys have said in court that she came to Colorado after fleeing the war in Ukraine and that she had no criminal history.
She has been charged with one count of vehicular homicide-reckless in the death of White, who was just days away from leaving for Glasgow, Scotland to compete in the Junior Men’s Mountain Bike Cross-Country World Championships.
"His parents are suffering mightily," 20th Judicial District Attorney Michael Dougherty said.
In response to the defense's request to postpone the arraignment, he said that the Whites wanted to move forward with "this very important and very tragic" case but that he understood the need to review the voluminous hours of video footage.
Smilianska, who is out of jail on a $100,000 personal recognizance bond, appeared in court in person and spoke through an interpreter.
Her vehicle was going 60 miles per hour when it hit White last July in the middle of the day, according to investigators. Magnus, whom police speculated was cycling at around 25 miles per hour, died of blunt force injury to his head.
She has been charged with one count of vehicular homicide-reckless in the death of White, who was just days away from leaving for Glasgow, Scotland to compete in the Junior Men’s Mountain Bike Cross-Country World Championships.
"His parents are suffering mightily," 20th Judicial District Attorney Michael Dougherty said.
In response to the defense's request to postpone the arraignment, he said that the Whites wanted to move forward with "this very important and very tragic" case but that he understood the need to review the voluminous hours of video footage.
Smilianska, who is out of jail on a $100,000 personal recognizance bond, appeared in court in person and spoke through an interpreter.
Her vehicle was going 60 miles per hour when it hit White last July in the middle of the day, according to investigators. Magnus, whom police speculated was cycling at around 25 miles per hour, died of blunt force injury to his head.
Butler moved Smilianska's next court hearing to May 24, 2024.
Denver Gazette digital producer Jonathan Ingraham contributed to this report
The shiny blue sunglasses Magnus White wore when he was hit by an oncoming car and thrown from his bicycle don’t have a scratch on them. They sit in a special place on a side table in his family’s home along with one of the last photos taken of him, and his University of Colorado "Prime" hat.
His parents, Michael and Jill White, marvel at the pristine condition of those polarized sunglasses because Magnus, a 17-year-old cycling champion from Boulder, was hit July 29 in the middle of the day by a vehicle which was going 60 miles per hour, according to investigators. Magnus, whom police speculated was cycling at around 25 miles per hour, died of blunt force injury to his head.
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