UPDATE | April 4 — The driver who had admitted to passing out behind the wheel and killing 17-year-old cyclist Magnus White in the summer of 2023, but argued that she had not been driving recklessly, has been found guilty of vehicular homicide - reckless driving following a five-day trial. Read that story here.
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BOULDER COUNTY, Colo. — On the afternoon of the fourth day of a trial centered around the death of a 17-year-old cyclist in Boulder County at the hands of an alleged reckless driver, the defendant took the stand, where she said she "completely turned off" at the scene.
The defense for Yeva Smilianska, 24, said they do not dispute that she struck and killed 17-year-old Magnus White, but rather they are arguing that she did not drive in a reckless manner, which is the charge she is facing. Because of this, Denver7 is not using the word "allegedly" when specifically discussing Smilianska striking Magnus.
Just about to start his senior year in high school, Magnus, a young and accomplished cyclist, headed out on the afternoon of July 29, 2023 for a training ride for the Junior Mountain Bike World Championships in Scotland. Near Highway 119 and N. 63rd Street in unincorporated Boulder County, he was struck from behind by a driver. He died of his injuries.
The investigation continued for about 20 weeks before the driver, identified as Yeva Smilianska, then 23, was arrested in December 2023.
Investigators wrote in an affidavit that they believe she fell asleep at the wheel when she struck the young bicyclist. She faces a charge of reckless vehicular homicide, which is a class 4 felony.
In May 2024, the White family filed a wrongful death lawsuit against Smilianska. The family also started a nonprofit called The White Line, which advocates for safer roads and tougher penalties for careless or reckless driving resulting in death, and helps young cyclists compete around the world.
Denver7 has been covering this case since the crash, and you can read our coverage since the trial started in the stories below:
- Day 1: Opening statements, start of testimonies | March 31
- Day 2: Testimony from prosecution's witnesses | April 1
- Day 3: Testimony from prosecution's witnesses and defense's witnesses | April 2
Watch our coverage from the fourth day of this trial in the video below.
Some viewers may find the below content disturbing.
Defendant's coworker describes night of drinking before crash
Court on Thursday began around 9:30 a.m. with the prosecution's final witness.
That witness, Nereida "Neddy" Cooper, had been a bartender at 3's Bar in Longmont, where Smilianska worked, in July 2023. She said they became friends during this time.
On the evening of July 28, 2023, Cooper had been hanging out at 3's Bar and playing pool, she said. She was not working that night. Smilianska also showed up and was drinking, according to Cooper. She told the court that she was drinking Coors Light and the defendant was drinking what appeared to be cranberry juice, which she sometimes mixed with whiskey.
The bar closes around 2 a.m., and both Cooper and Smilianska helped to close up, Cooper testified.
Both women drove to Cooper's home, which was within a mile of the bar. Cooper admitted that she should not have driven that night. Smilianska brought a whiskey bottle in with her, she testified. About a third of the bottle remained when she walked inside. Cooper said they shared the drink. She said she went to bed around 6:30 a.m.
"There was still some left when we woke up in the morning," she said of the whiskey.
When asked by Boulder County District Attorney Michael Dougherty, Cooper said she thought Smilianska was a 5/10 on the "drunk scale," and was tipsy. According to a past report, she told investigators that she had given the "drunk scale" rating a 7/10.
"She was not blackout drunk, not even remotely close to being drunk," Cooper said in court of Smilianska. "We weren't stumbling. She wasn't slurring her words. She was able to communicate and take care of herself."
She told the courtroom that she woke up the next day around 10:30 a.m. for work with a minor hangover, and remembered Smilianska looking "very tired." She told her friend to come hang out at the bar because Smilianska lived far away. She recommended that Smilianska come to the bar with her, where they would often spend time before work, and when she left for work she assumed Smilianska would stay at her home or come meet her at the bar. They were both in bed — and not drinking — between about 6:15 a.m. and 11 a.m., she testified.
Cooper arrived at work around 11:30 a.m. At 12:11 p.m., Smilianska texted Cooper, saying, "I'm falling asleep so I'm going home." Cooper responded around 12:30 p.m.
Around that same time, Smilianska called her to say she had been involved in an "accident" with a cyclist. She said her car malfunctioned and caused the crash.
"She wasn't coherent, she was emotional. She was upset. I couldn't understand what she was saying," Cooper recalled.
Cooper said before she realized the severity of the situation, she was frustrated with Smilianska, telling the court that Smilianska had opted out of the options Cooper gave her.
Their friendship changed in the wake of the crash.
"She killed a boy," she said Thursday morning, choking up on the stand. "I can't fathom being in her position and I don't want anything to do with it, I guess."
Cooper spoke with an officer with the Longmont Police Department after the crash, where she admitted in court that she had not been fully honest. She had initially said the pair did not drink at her house after the bar the night before the crash.
"I was trying to protect her, and I had a lot of love and sympathy, and two years later I didn't want to re-account how I felt then because it doesn't reflect how I feel now," she said.
After a court recess, Cooper further explained how her friendship with Smilianska ended. She said she did not feel like the alleged steering wheel malfunction was a good excuse, and felt angry at her that Magnus had died. As their relationship distanced, Cooper said Smilianska "was a mess." Cooper said she is not sure if any actions from the hours before they fell asleep could have prevented the crash, but she regardless was "still angry that he is dead."
District Attorney Dougherty asked if Cooper had spoken with Smilianska about her attorney and the case, and Cooper said yes — once before and again more recently. He asked if Cooper had yelled at Smilianska for killing someone. Cooper said yes.
The district attorney asked if Cooper yelled because Smilianska is responsible for killing Magnus.
"Yes," Cooper whispered.
The court then broke for lunch. The prosecution rested their case once court was back in session.
CSP sergeant says he stands by charge of careless — not reckless — driving
The defense brought up their first witness after the lunch break. Defense attorney Timur Kishinevsky called up Colorado State Patrol Sgt. Robert Madden. Madden is considered an expert in crash reconstruction.
Madden was out of the country at the time of the crash. When he returned, he began looking into how to gain access to Smilianska's cell phone, as he wanted to know if it was a factor in the crash, he testified.
He reviewed the crash reconstruction that CSP Trooper Sean McCall had completed. McCall testified on the second and third day of the trial. Madden told the court that he did not do his own reconstruction, and that he agreed with McCall's findings. The subsequent report that McCall submitted recommended a careless driving charge against Smilianska, not a reckless driving charge. Madden said he agreed with this assessment at the time of the report, stating that careless driving caused Magnus' death.
During a cross-examination, Madden said authorities should have seized Smilianska's phone on the day of the crash to ensure no evidence was destroyed. He said he got her phone on Aug. 4, 2023.
In addition, when asked by prosecutors, Madden said that if authorities had known at the crash scene that somebody had died, a supervisor would have responded. He added that the vehicular crimes unit should have been called to that scene, which was not done.
Madden said the report included details about Smilianska swerving twice before hitting Magnus, not braking or steering away, and that she was possibly wearing AirPods while driving. He said he did not know about the prescription medication Smilianska had been taking when he signed the crash report.
He told the court that he was aware the car was found with no mechanical issues.
The prosecution asked if it was fair to say the investigation developed further after the October 2023 crash report, which pointed to careless driving and not reckless driving, and that more analysis was developed that ultimately led to the defendant's arrest. Madden said yes.
In a re-direct, the defense confirmed with Madden that he believed CSP had done a good job on the investigation, and that three officers at the scene had noted no signs of impairment from Smilianska.
Lastly, Madden said he stands by his conclusions that were developed in October 2023. He did note that he was "not privy to all of the further investigation," so his involvement concluded that October.
Defendant Yeva Smilianska takes the stand: "I completely turned off"
On Thursday afternoon, Smilianska stood up, walked to the stand and took a seat with a deep sigh. English is not her first language, so an interpreter helped her by translating questions and answers into Russian.
She is from Kiev, Ukraine, she told the courtroom, where she worked as an interior designer and screenwriter. She learned the English language after she moved to the United States in 2022 to flee the war. She initially lived in Florida for about two months, then moved to New Jersey, Massachusetts and finally Colorado. She estimated this was in 2022. Her first home in Colorado was Lafayette, then Boulder and then Longmont, where she currently lives.
In July 2023, she was living in Boulder. At the time, she was looking for a job as she worked as a barista, as well as a bartender at 3's Bar in Longmont. She told the court she had been working on the night of July 28, 2023 — the day before the crash — and explained that drinking is "strictly forbidden" while on the clock.
This contradicted what Cooper said while on the witness stand — when Cooper testified that Smilianska was not working on the night before the crash.
Smilianska said Cooper, who testified Thursday morning, was her coworker. They also had an intimate relationship, Smilianska said, though that had ended by the time of the crash. She said she wanted to stay friends, but it was difficult. Their relationship did not end well, Smilianska said.
On the evening of July 28, 2023, she remembered closing up the bar around 3 a.m. — a little later than normal. When the defense asked if she had any drinks during that shift, which ran from 6 p.m. until 3 a.m., she said no.
She confirmed, like Cooper did, that both women went to Cooper's home after the end of Smilianska's shift and that Smilianska brought a bottle of leftover whiskey, medications that she normally takes and some other items inside.
The court took an afternoon break. Smilianska's testimony continued afterward.
After the break, defense attorney Kishinevsky continued asking questions. Smilianska described the medication she had been taking "before nighttime" for the past three to four months. When asked if she ever felt drowsy from the medication, she said no. She is permitted to drive with them in her system.
Smilianska testified that after more drinking and singing karaoke with Cooper, they went to sleep.
The next morning — July 29, 2023 — Smilianska said she got out of bed around 11 a.m. and felt tired but "absolutely not" drunk. Smilianska said she believes she left Cooper's home around 11:30 a.m. or 11:45 a.m. She stopped at a McDonald's nearby, where she drank coffee, ate in the parking lot and sent a text to Cooper reading, "I'm falling asleep, so I'm going home."
Her house was about 20 minutes away from there, she said.
Kishinevsky then moved to questioning her about the drive on Highway 119. Smilianska confirmed she was wearing a seat belt, had at least one but possibly two AirPods in and was not using her phone. She added that she had seen cyclists on the road.
"The last thing I remember, I am holding the wheel and the next thing I remember is my car is downhill and it hits the fencing," she said through the interpreter.
Kishinevsky asked if she thought she had hit anything else, and she said no. She recalled exiting the car to look at the damage and removing her AirPods, adding that she was not sure what was happening. She used her nicotine vape after she stepped out of the car, she said.
The defense attorney said at some point, Smilianska saw the bike and Magnus, and asked about her reaction.
"I completely turned off," she replied.
It was difficult to see, she said, and she could not understand what was happening and moved between people asking how she could help, but with so many others there, she did not want to interfere.
"That was very hard for me," she said about processing the scene.
The defense attorney brought up prior testimony, where witnesses described Smilianska as being very calm and seemingly unbothered.
"I closed up, I turned off, because otherwise it was completely impossible to process," she explained.
Kishinevsky asked why Smilianska had told a cyclist at the scene that she had passed out, and why she told a responding police officer that the car had a steering malfunction. It was difficult to accept what happened, she replied, and she wanted it to be the fault of the car. She confirmed the crash was not caused by the car.
During a cross-examination with Deputy District Attorney Trish Mittelstadt, the prosecutor asked about a text that Smilianska had sent on June 13, 2023 about driving drunk and not recalling how she had gotten home. Smilianska said she did not recall the text, which Mittelstadt pulled up on a screen in the courtroom.
Mittelstadt confirmed with Smilianska that she had no need to rush home on July 29, 2023, as she did not have work or any appointments.
In her testimony, Smilianska stated that she had crashed into the back of Magnus' bike and killed him.
The afternoon ended with the prosecutor asking about the order of Smilianska waking up, going back to sleep and sending text messages before she headed out the door that morning.
This trial will continue Friday morning. Stay tuned for more from Denver7.
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