BOULDER COUNTY, Colo. — The driver accused of killing a rising U.S. cycling star in Boulder who was training for a world championship when he was fatally struck in 2023 is set to stand trial nearly two years after the deadly crash.
Yeva Smilianska, a refugee who fled Russia’s invasion of Ukraine in 2022 and who has been living in Colorado ever since, will stand trial for a charge of reckless vehicular homicide in the killing of 17-year-old Magnus White. Opening statements began Monday.
"The defendant made a choice — and she ignored a substantial risk"
In court Monday, prosecutors did not waste time and said Smilianska "drove straight into Magnus White, killing him," as they pointed out she took no steps to stop or avoid hitting him because "she was exhausted and chose to get behind the wheel of a car" while Magnus shared the road as he went on a 75-mile endurance ride along Highway 119 and N. 63rd Street in Boulder — his second to last training ride before he would have traveled to Glasgow to participate at the World Mountain Bike Championships for the U.S. National Team.
Smilianska, who investigators said was asleep at the wheel at the time of the crash, has denied the allegations and claimed there was a steering malfunction. Authorities, however, determined that her car and steering wheel were functioning properly at the time of the crash.
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Driver who hit Magnus White fell asleep at the wheel, investigators say
Those statements resurfaced Monday, when prosecutors said a reconstruction of the crash and a follow-up investigation into how it happened showed that the person in charge of the investigation "will tell you that while driving the vehicle without his hands on the road, it would veer slightly to the right." Prosecutors pointed out the slight veer to the right was "nothing like a car malfunctioning" and driving off the side of the road.
"This is a case where the defendant made a choice — a choice to get behind the wheel when she knew she was tired, when she knew she was falling asleep — and she ignored a substantial risk when she made that choice — she drove straight into Magnus when she hit him," prosecutors said as they wrapped up their opening statements.
Defense argues crash was careless driving, not vehicular homicide
In their opening statements, attorneys for Smilianska called the deadly crash "an absolute tragedy," and said they're not disputing that her client hit Magnus and ultimately "caused him to perish."
They said Smilianska does not dispute hitting Magnus; what she disputes is that the crash was done in a reckless manner, as she didn't drive in a manner to indicate a willful and wanton disregard of person or property.
Arresting documents show Smilianska was driving a 2004 Toyota Matrix and going about 60 mph southbound on Highway 119 around noon that day when she allegedly struck Magnus from behind. Investigators said there was no evidence of braking on her part and that she had slept for roughly 3 hours before the crash.
She was arrested on Dec. 12 of that year, nearly 20 weeks after the deadly crash, and pleaded not guilty to the charge.
"Legally, this was an accident," defense attorneys said Monday. "What's described are the elements of careless driving, not vehicular homicide."
Magnus' father, first to testify, describes finding out about deadly crash
Describing Magnus as the "perfect mix of his mother and I," Michael White, the victim's father, said in court Monday the teen made everyone his best friend — a fact that was reinforced after his passing when at least a dozen people came forward and described his son as a best friend.
He loved spending time with friends so much, his father said, that he declined to graduate early with a 4.2 GPA to stay in school longer so he could hang out with his friends.
A fast learner, Magnus only needed about 20 minutes on his first bike's training wheels before he wanted to pedal, Michael said. It was at the age of 9 that Magnus joined Boulder Junior Cycling and started racing.
Michael testified he taught his son the rules of the road, including to assume that no driver ever sees you.
On the day of the crash, Michael and Magnus both went for bike rides. Before they went their separate ways, Michael left to get his son breakfast. When he returned, Magnus had already eaten. The last thing Michael recalls hearing his son say was "aw, you got breakfast burritos." Michael went for a shorter ride, and returned home before his son.
Later that day, Michael said, he found out that Magnus had been hit through the Find My iPhone app. He told Boulder District Attorney Michael Dougherty that he saw a voicemail from a hospital in Boulder but assumed it may have been the billing department calling.
When Magnus was not home around 1 p.m., his father checked the Find My iPhone app, which showed the teen at the hospital.
He testified texting his son to ask if he was alright, but there was no answer. It was after hearing the voicemail — and calling the hospital back — when the person on the other end of the line asked him if he knew Magnus. Michael raced to the hospital.
Running to the emergency entrance, Michael told the court Monday that at first, they wouldn't let him see his son. When they eventually allowed him, Magnus still had some cycling clothes on, dirt all over the right side of his face, his head was swollen, and white fluid was coming out of his ears while blood was coming out of his mouth.
His father said at that point, he had to turn away.
"When I saw him in that condition, I already knew the ending," Michael said.
Magnus was declared dead at 10:20 p.m.
Michael was excused from the stand and court went into recess for the day.
Magnus' impact on the community following his death
Magnus was on the verge of becoming a world-class cyclist when he was struck and killed on July 29. At the time of the crash, he was proudly wearing his Team USA jersey, according to his family.
Following Smilianska's arrest, Magnus’ parents announced they had created a nonprofit called The White Line to advocate for safer roads, help young cyclists compete around the world, and push to increase penalties for careless or reckless driving resulting in death.
The nonprofit organized the Ride for Magnus: Ride for Your Life, which saw thousands of cyclists ride from the CU Boulder campus to Diagonal Highway, doubling back after passing a ghost bike marking the spot where Magnus White was killed last summer.
- Denver7 was there as thousands rode "The Ride for Magnus," an event organized by the White Line nonprofit, which is fighting for safer roads at the local, state and national levels.
At the end of last year, the family also worked with Democratic Rep. Joe Neguse to introduce the Magnus White Cyclist Safety Act. The bill, which expands on existing provisions finalized earlier in the year by the National Highway Traffic Safety Administration (NHTSA), would require automatic emergency braking (AEB) systems to be installed on all new passenger motor vehicles. Those AEB systems would be required to detect cyclists, pedestrians, and other vulnerable road users effectively, regardless of factors such as skin tone, clothing color, or protective gear.
The bill wasn’t picked up during the 118th Congress and has yet to be reintroduced this session.
Court will resume Tuesday at 8:30 a.m.
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