Drowsy Driver Who Killed Teen Cyclist Guilty of Reckless Vehicular Homicide

The recent criminal conviction of Yeva Smilianska for reckless vehicular homicide in the tragic death of 17-year-old cyclist Magnus White has brought renewed attention to the dangers of drowsy driving. This case underscores the critical need for drivers to recognize the dangers of fatigue behind the wheel. It also strikes at the heart of community safety and shared responsibility. Drowsy driving does not discriminate. It endangers pedestrians, cyclists, passengers, and anyone who relies on the expectation others will act responsibly. The wrongful death lawyers at Bowman Law prepared this article to help ensure this type of tragedy is not repeated.  

July 28, 2023, Accident

On July 29, 2023, Magnus White, a promising young cyclist, was struck from behind while riding on Highway 119 near Boulder, Colorado. Magnus sadly succumbed to his injuries later that day. The ensuing police investigation revealed Ms. Smilianska had been awake into the early morning hours consuming alcohol and engaging in activities that led to significant sleep deprivation. Despite feeling fatigued, she chose to drive, leading to the fatal collision. ​

The Five-Day Jury Trial

The trial of Ms. Smilianska unfolded over five days in Boulder County District Court, commencing on March 31, 2025. The proceedings meticulously examined the events leading up to and following the tragic death of Mr. White.

Day 1: March 31, 2025

The proceedings commenced with jury selection, resulting in a panel of Boulder County residents tasked with determining Ms. Smilianska’s culpability. Following jury selection, Deputy District Attorney Patricia Mittelstadt told jurors Ms. Smilianska’s decision to drive constituted reckless behavior. Deputy District Attorney Mittelstadt emphasized a text message sent by Ms. Smilianska at 12:11 p.m. on the day of the crash, stating, “I’m falling asleep, so I’m going home.” According to Deputy District Attorney Mittlestadt, this underscored her awareness of her impaired state.​

Thereafter, Defense attorney Timur Kishinevsky contended that, while Ms. Smilianska’s actions were careless, they did not meet the legal threshold for recklessness. He argued the incident was simply a tragic accident resulting from momentary inattention rather than a willful disregard for safety.

The day’s sole witness was Michael White, father of Magnus White. He provided a heartfelt account of his son’s passion for cycling, detailing Magnus’s achievements and dedication to the sport. Mr. White recounted the events from July 29, 2023, describing how Magnus was training for his upcoming Junior Mountain Bike World Championships in Scotland. Mr. White became emotional as he described discovering his son’s location at the hospital through a tracking app and the subsequent realization of the severity of the situation.

Day 2: April 1, 2025

The prosecution’s case-in-chief continued with testimonies from multiple eyewitnesses to the crash. One driver testified Ms. Smilianska’s vehicle swerve onto the shoulder of Highway 119 twice before the collision. Another motorist recounted seeing the vehicle veer off the road and strike Magnus. The witness described Ms. Smilianska’s demeanor post-crash as unusually calm compared to the distressed reactions of bystanders. A third witness observed the incident through her rearview mirror. She testified Magnus was propelled into the air upon impact. She also characterized Ms. Smilianska’s behavior at the scene as emotionless and detached.​

Law enforcement officers also testified. Trooper Sean McCall of the Colorado State Patrol discussed the mechanical inspection of Ms. Smilianska’s vehicle. Trooper McCall confirmed there was no evidence of steering malfunction, contradicting Ms. Smilianska’s initial claims. He also noted no field sobriety tests were conducted at the scene due to the absence of visible impairment signs. Trooper Heidi Jewett provided insights into the immediate aftermath of the crash. She acknowledged informing the White family about the alleged vehicle malfunction, reflecting the initial direction of the investigation.

Day 3: April 2, 2025

On the third day of the trial, the prosecution presented testimony from Quintin Chiapperino. Mr. Chiapperino is professional cyclist who was riding approximately 20 feet behind Magnus at the time of the crash. He observed Ms. Smilianska’s vehicle approach from behind and strike Magnus without any apparent evasive action. Mr. Chiapperino emphaized Magnus had no opportunity to react or avoid the collision. He also noted Ms. Smilianska approached him post-crash, stating, “I think I passed out.”​

Next, Dr. Daniel Lingamfelter, a forensic pathologist, presented findings from Magnus’s autopsy, detailing multiple traumatic injuries, including severe head trauma. He confirmed that Magnus was wearing a helmet, which showed significant damage consistent with the injuries sustained.​

Kristin Weisbach, a digital forensics analyst, analyzed data from Ms. Smilianska’s phone, revealing a video recorded shortly before the crash. The footage showed Ms. Smilianska consuming whiskey, contradicting her earlier statements to investigators. Additionally, a text message sent at 12:11 p.m. indicated her acknowledgment of fatigue: “I’m falling asleep, so I’m going home.”​

Accident reconstructionist Michael Stogsdill concluded Ms. Smilianska’s vehicle was traveling between 55 to 60 mph at the time of impact. He noted the absence of braking or swerving prior to the collision, suggesting Ms. Smilianska was unconscious or incapacitated. Stogsdill asserted that her decision to drive under such conditions constituted reckless behavior leading to Magnus’s death.​

During cross-examination, the defense questioned the thoroughness of the vehicle’s mechanical inspection and sought to highlight the lack of direct evidence indicating intentional recklessness.

Day 4: April 3, 2025

The defense’s case-in-chief began with testimony from Nereida “Neddy” Cooper, a friend and former coworker of Ms. Smilianska. Ms. Cooper detailed the events of the night preceding the crash. She admitted both she and Ms. Smilianska consumed alcohol until approximately 6 a.m. She described Ms. Smilianska as appearing tired but not overtly impaired when they parted ways around 11:30 a.m. Ms. Cooper also mentioned receiving a text from Ms. Smilianska at 12:11 p.m., stating she was falling asleep and heading home.​

Sergeant Robert Madden of the Colorado State Patrol’s Vehicular Crimes Unit testified regarding the initial classification of the crash as careless driving. He acknowledged the vehicular crimes unit should have been called to the scene and that the investigation developed further after the initial report, leading to the eventual charge of reckless vehicular homicide.​

The day concluded with Ms. Smilianska taking the stand. Through an interpreter, she recounted her background, her activities leading up to the crash, and her state of mind. Ms. Smilianksa testified she and Ms. Cooper drank and sang karaoke. She added she took medication before she went to sleep, as she had for the last few months. She admitted to feeling tired but believed she was capable of driving. According to Ms. Smilianska, “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.” When asked about her reaction to seeing Magnus, she replied “I completely turned off.”

Day 5: April 4, 2025

On the fifth and final day of trial, Ms. Smilianska’s testimony concluded. She told the court she felt tired that morning but felt “certain” she could drive in her condition. Notwithstanding her self-serving statement, Ms. Smilianska also acknowledged nodding off on Highway 119. As she had testified the day prior, Ms. Smilianska said she told another cyclist at the scene she thought she had passed out, but told law enforcement she thought her car’s steering had malfunctioned. She reiterated the latter in a statement taken at the scene. She admitted in court she had been untruthful in that instance.

The final witness was another crash reconstructionist, who concluded Ms. Smilianska was not impaired at the time of the crash. During cross-examination, the expert testified law enforcement conducted a thorough investigation.

Closing arguments began after the lunch break. Prosecutors tasked the jury to hold Ms. Smilianska guilty of the vehicular homicide – reckless driving charge. The defense argued that the jury should instead find her guilty of the lesser charge of careless driving resulting in death.

After five days of trial, the jury deliberated for approximately seven hours before returning a unanimous guilty verdict against Ms. Smilianska for reckless vehicular homicide, a Class 4 felony under Colorado law (C.R.S. § 18-3-106).

Jury Deliberations

The evidence presented during trial was wide-ranging, but several key facts were likely critical to the jury’s finding. First, jurors learned Ms. Smilianska had been awake until 6:30 a.m. drinking alcohol and singing karaoke with coworker and friend, Neddy Cooper. Ms. Cooper testified the two shared a bottle of whiskey and described Ms. Smilianska as “very tired” in the hours before the crash. At 12:11 p.m., shortly before the collision that killed 17-year-old cyclist Magnus White, Ms. Smilianska sent Ms. Cooper a text stating, “I’m falling asleep, so I’m going home.” The prosecution emphasized this message as direct evidence Ms. Smilianska knew she was not fit to drive.

Crash reconstruction evidence also played a pivotal role. Expert testimony showed Ms. Smilianska’s vehicle was traveling between 55 and 60 miles per hour at the time of impact and that she made no effort to brake or swerve before colliding with Magnus White. This lack of evasive action supported the prosecution’s theory Ms. Smilianska had either fallen asleep or was otherwise so impaired by fatigue that she was unaware of her surroundings.

The jury also considered contradictions in Ms. Smilianska’s own testimony and statements made immediately after the crash. At the scene, she told bystanders and a responding officer her car had suffered a steering malfunction and later told another cyclist she believed she had passed out. Both of these claims were contradicted by forensic evidence. A mechanical inspection of the vehicle revealed no defects, while phone data and witness testimony undermined the plausibility of a sudden loss of consciousness due to an unknown medical condition.

Further damaging to her credibility was the testimony of digital forensic experts, who introduced a video from her phone taken shortly before the crash. In the video, Ms. Smilianska is seen consuming whiskey, despite her prior claims she had not been drinking. This, combined with prior text messages referencing previous incidents of driving while intoxicated, painted a picture of habitual risky behavior behind the wheel. One such message, retrieved by prosecutors, described an earlier occasion where Ms. Smilianska drove home drunk and did not remember how she arrived.

Ultimately, the jury rejected the defense’s argument that Ms. Smilianska’s conduct amounted to mere carelessness. The defense had argued this was a tragic accident and not the product of intentional or extreme disregard. However, the combination of admitted fatigue, possible alcohol use, the presence of AirPods while driving, and her decision to get behind the wheel in that state led jurors to conclude otherwise. The totality of the circumstances, including Ms. Smilianska’s own acknowledgment that she was falling asleep, satisfied the prosecution’s burden of proving recklessness beyond a reasonable doubt.

The conviction carries serious legal consequences. Under Colorado law, reckless vehicular homicide is punishable by a presumptive prison term of two to six years. If the court finds extraordinary aggravating factors—such as the young age of the victim, the violent nature of the collision, or Ms. Smilianska’s repeated risky behavior—her sentence could be increased to as many as twelve years. The sentencing judge will also weigh whether Ms. Smilianska has accepted responsibility, shown remorse, or made efforts to mitigate the harm caused.

In addition to incarceration, restitution to the White family is likely to be addressed at sentencing. The Whites have filed a civil wrongful death lawsuit. They have also publicly advocated for stronger road safety laws through a nonprofit they founded in Magnus’s honor, called The White Line. Given the high-profile nature of the case and the tragic loss of a rising star in the cycling community, the court may also hear powerful victim impact statements at the sentencing hearing.

Finally, the felony conviction could carry immigration consequences for Ms. Smilianska, a Ukrainian refugee who fled the war in 2022. The sentence may trigger removal proceedings under federal immigration law, subjecting her to possible deportation following her sentence.

This case has not only brought accountability for a devastating loss of life but has also opened a broader conversation about the dangers of drowsy driving and the legal consequences of disregarding known impairments while behind the wheel.

Dangers of Drowsy Driving

As personal injury attorneys, we are constantly confronted with the aftermath of devastating crashes that never should have happened. Drowsy driving remains an underappreciated dangerous form of impairment. The science is clear that sleep deprivation reduces reaction times, impairs judgment, and diminishes motor coordination—paralleling the effects of alcohol intoxication. In fact, studies have shown that being awake for 20 hours can impair a driver to the same extent as having a blood alcohol concentration (BAC) of 0.08%, the legal limit in Colorado. This is why drowsy driving is so dangerous.

The tragic death of Magnus White is a textbook example of what happens when a driver knowingly engages in drowsy driving. While the criminal justice system focuses on punishment and deterrence, the civil justice system seeks something broader—accountability and compensation. That’s where the civil case comes in.

These proceedings serve distinct legal purposes. The criminal case aims to determine whether Ms. Smilianska broke Colorado law and should face punishment through incarceration, fines, and/or other penalties. The civil lawsuit, on the other hand, allows Magnus’s family to pursue justice through the tort system, demanding financial compensation for the catastrophic loss of their son and the pain and suffering they have endured.

A criminal conviction, while not necessary to prevail in a civil case, can be powerful evidence of negligence or recklessness. Civil cases operate under a lower burden of proof, preponderance of the evidence rather than beyond a reasonable doubt. This means if the jury in the criminal case found Ms. Smilianska guilty, that factual finding may significantly bolster the civil claim. Importantly, many elements of the criminal trial—including expert crash reconstructions, eyewitness testimony, and forensic data—can be introduced in the civil case as admissible evidence.

Additionally, statements made by Ms. Smilianska during the criminal proceedings—particularly her conflicting explanations (blaming the steering, claiming she passed out, and admitting she was falling asleep)—may be used to impeach her credibility or support punitive damages in civil court.

Cases like this also invite us to examine how society treats fatigued driving. Unlike alcohol or drug impairment, drowsiness is rarely screened for by investigating police at crash scenes. There is no field sobriety test for fatigue. That makes it all the more important to treat fatigue-related collisions seriously in both legal systems.

Drowsy driving is a significant yet often overlooked hazard on our roads. Fatigue impairs reaction time, judgment, and situational awareness, effects similar to those experienced under the influence of alcohol. The National Highway Traffic Safety Administration (NHTSA) estimates that thousands of accidents each year are attributable to drowsy driving, many of which result in serious injuries or fatalities.​

As attorneys committed to public safety, we believe the law must evolve to reflect the true dangers of sleep deprivation behind the wheel. That includes supporting legislative efforts like the Magnus White Cyclist Safety Act, which the White family has championed, and continuing to hold drowsy drivers civilly accountable for the full measure of harm they cause.

Colorado Wrongful Death Lawyers

The criminal conviction of Yeva Smilianska provides one important layer of accountability for the death of Magnus White. But justice is not a single event—it is a process. Through the civil case, the White family can seek meaningful compensation, enforce a moral reckoning, and continue their efforts to prevent another tragedy like this one. Our Colorado wrongful death lawyers are ready to help families navigate that process—not just with legal precision, but with compassion and resolve.

If someone you love has been injured or killed by a fatigued driver, our Colorado wrongful death lawyers are here to help. Learn more about your rights and legal options by visiting www.coloradopersonalinjuryhelp.com, where we provide resources, legal insights, and guidance for families pursuing justice.