Driver test who killed the Magnus White adolescent cyclist opens in Colorado – San Diego Union -Tribune

The trial of a driver accused of hitting and killed a 17-year-old cyclist in Colorado two years ago began on Monday afternoon with statements of the lawyers and emotional testimonies of the victim’s father.

Yeva Smilianska, 24, is accused of homicide of reckless vehicle in the death of Boulder, Colorado, cyclist Magnus White, a rising star who was to run in the American national team. He was fatally struck on Colo. 119, also known as Diagonale, in 2023.

If he is found guilty, Smilianska risks between two and six years in prison. Smilianska is currently free on Bond. She is ready for a trial before five days jury this week.

Monday afternoon, the left side of the courtroom of the Boulder district court was filled with shoulder by family members and friends of White. The seats on the right side of the courtroom were sparse and mainly occupied by the media.

Following opening declarations, Michael White, Magnus’ father, took a position as the first witness to the case. He spoke of the tears of his son and the day he was killed.

“When Magnus was born, the doctors said he was the perfect mix of his mother and me,” said Michael White. “He took the best of both of us. He was the kind of child who was never bored; has always wanted to be active, do something. ”

Michael White said Magnus liked to drive his Subaru and adored skiing, was very close to his brother despite an age gap of 6 years and had a 4.2 GPA. The father said he was the first to take his son for a bicycle ride on the diagonal, five years before his death.

“I told him that he was sure to roll because he has a 10 -foot shoulder …” As long as you stay well, everything is fine, “said Michael White.

The father then described having seen his son for the first time after the accident.

“When I saw him, he always had his bike clothes. He had dirt on the right side of his face. His head was really swollen. There was white liquid coming out of his ears. And there was so much blood coming out of his mouth and everywhere,” said Michael White. “I had to divert myself.”

Throughout his testimony, Michael White stopped to drink water and wipe tears. Above him, photos of his son were displayed on a television instructor.

Before the testimony of Michael White, the assistant district prosecutor Trish Mittelstadt, addressed 14 members of the jury and explained some of the evidence they will probably hear this week.

Mittelstadt said Smilianska had made the decision to strike Magnus and that his decision to stay up to the early hours of the morning led him to do the wheel.

“She made this stage. She made this decision. This is why we are here today. This is why Magnus is dead,” said Mitelstadt.

Mittelstadt showed the jury a series of photos of Magnus as well as photos of the scene after the accident. Mittelstadt said Smilianska had taken a substantial risk by driving and that despite witnesses saying that she had a swerved to the shoulder several times, she did not stop the car.

“The accused led directly to Magnus White – the killing,” said Mittelstadt. “She took no measure to stop … Pas not to avoid hitting Magnus. She didn’t even know that she had struck him, despite what her window looked like. ”

Mittelstadt continued: “This is not a case where she cut her handlebars. This is a case where the accused made a choice; A choice to get the wheel when she knew she was tired, knew she fell asleep. ”

Defense lawyer Timur Kishinevsky told the jury that he asked them to find Smilianska guilty of homicide by reckless vehicle, not reckless.

“It’s a horrible tragedy, there is no other way to describe it,” said Kishinevsky. “… The defendant does not dispute that she struck Mr. White, which ultimately makes him perish.”

Kishinevsky said there was no evidence that Smilianska led an excessive speed, was in intoxicated state, was in intoxication, was to heap or to weave between the tracks or to engage in a road rage. The defense lawyer also added that Smilianska was extremely emotional after having achieved the extent of the wounds in Magnus.

Kishinevsky did not have a counter-examination for Michael White, but said he was sorry for the loss of White.

Magnus White was driving her mannequin Trek Emonda SL 7 Bike in southern direction on Colo. 119 to 12:33 p.m. on July 29, 2023, when he was hit by Smilianska, who was driving a Toyota matrix who had crossed Gabriel Molter.

Magnus was thrown from his bike and was taken to the hospital, where he was declared dead. Smilianska was the only person in his car at the time of the accident.

Stephen Redfearn, who was the deputy chief of the Boulder police at the time and is now the police chief, was the first on the scene and later declared to the investigators that he had briefly spoken with Smilianska and pointed out any sign of intoxication.

Investigators declared in an arrest affidavit that “on the basis of all circumstances, it seems very likely that Smilianska was sleeping at the time of the accident”.

Smilianska received “very little sleep” the previous night, when she was standing until about 6 am at a friend in Longmont, according to the Affidavit. On the morning of White’s death, Smilianska sent an SMS to a witness 20 minutes before the accident where she fell asleep.

Witnesses told the police that they had observed Smilianska getting out of the track and on the right shoulder several times before hitting Magnus.

Smilianska told the police that the car had a dysfunction of management and that it did not fall asleep, according to the Affidavit. Smilianska said the accident was not her fault, but that she was a participant, according to the police. She also said that she felt “physically brilliant” but “emotionally tired” on the morning of the accident, police said. Smilianska told the police that she had not seen white before the incident and felt “blurred” during the accident.

But an investigation by the Patrol of the State of Colorado determined that there was no dysfunction of the management in the car of Smilianska, and there was no evidence that it hummed by leading to white.

Smilianska does not have a criminal record. The Affidavit also indicated that the Smilianska license was canceled after the accident due to “the failure of its review”.

The Coroner Coroner office of Boulder determined that Magnus White died of a head trauma Blunt Force following the accident, and that the mode of death was judged an accident, according to the Affidavit.

Magnus’ parents founded a non -profit organization in the honor of their son called “the white line”. It was founded “to preserve, honor and use the inheritance of the member of the American national team and the American national champion Magnus White to inspire cyclists on a global scale, to support their development, to raise awareness of the safety of bicycles and cars and create changes for safer cycling environments”, according to a press release.

In May 2025, the parents of Magnus filed an unjustified death complaint against Smilianska. According to court documents, civil action is suspended, pending the conclusion of the Smilianska criminal affair.

Originally published: April 1, 2025 at 12:48 pm PDT