On July 29, 2023, Yeva Smilianska, hit and killed Magnus White while he was riding his bike, minutes from his home. She was convicted of Vehicular Homicide-Reckless Driving in that death. This carries with it up to 6 years prison in the Department of Corrections.
Today, In Boulder, Judge Dea Lindsey presided over her sentencing as she did over the trial. In considering the maximum Sentence of 6 years, as the defense argued for community based punishment, Yeva Smilianska, was sentenced to the Department of Corrections for 4 years with a 3 year mandatory parole. (She will be given 2 days credit for time served).
While she was eligible for a community based sentence, based on factors such as no criminal history, Judge Lindsey felt that community corrections was not correct.
One of the factors the the Judge considered was she had no criminal history, which would indicate that she could be rehabilitated within community programs.
In taking into account many mitigating factors, Judge Lindsey emphasized that the Ms. Smilianska lied to the police, investigators, and the DA for over 6 months. She lied about passing out behind the wheel. She lied the the police stating the steering malfunctioned in her car. Only when being confronted with the test results showing that the steering not at fault, did she admit to falling asleep/passing out.
Judge Lindsey did indicate that the maximum sentence is usually reserved the more egregious circumstances such as substantial prior criminal history, intent, she did indicate that she is bound by the law, and it will never be enough for this type of loss.
On a personal note:
I have had the humbling honor of being able to know Michael and Jill White, being part of the Ride for Magnus, and participating along side of them at fund raisers, senate hearings, and advocacy events. I can not imagine how they feel today, nor will I attempt to speculate on it. I only hope and pray that they continue their direction and passion with The White Line that this tragedy inspired. Our sincerest prayers are with them always.
by Gary Robinson, AvidCyslist.com
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