Driver in Magnus White case rejected for community corrections
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Yeva Smilianska. Photo: Helen H. Richardson/MediaNews Group/The Denver Post via Getty Images
The driver convicted in the 2023 Boulder County crash that killed 17-year-old cycling star Magnus White was denied early release and will continue serving a four-year prison sentence.
Why it matters: For White's family and bike safety advocates, the ruling delays the possibility of early release in a case that has become a symbol of traffic violence accountability.
The latest: The Boulder County District Attorney's Office confirmed with Axios Boulder on Monday that Yeva Smilianska's application for release into Boulder County Community Corrections was rejected last month.
- Smilianska, 25, applied after serving just over six months of her sentence under a Colorado law allowing inmates convicted of certain offenses to be placed in community corrections 16 months before parole eligibility.
- She still has a pending application to community corrections in Larimer County for the same case and could reapply in six months in Boulder County.
Smilianska is now also facing a new criminal case after being charged with one count of felony theft on Jan. 12.
- According to an arrest affidavit, Smilianska's former employer, 3's Bar in Longmont, told Longmont police that Smilianska cashed six of her 2023 and 2024 paychecks a second time in the weeks between her trial and sentencing hearing.
- Longmont police allege Smilianska improperly withdrew $2,023.70.
- The discrepancies were not discovered and reported to police until after Smilianska had already been sent to prison in the White case.
Between the lines: Boulder County District Attorney Michael Dougherty told Axios Boulder he would be prosecuting the theft case.
- Dougherty added that the theft case does not make Smilianska ineligible for community corrections or parole, but it can be taken into consideration going forward.
The big picture: Dougherty and White's family have called for a change to the law that allowed Smilianska to apply for early release.
- "In order to improve traffic safety, Colorado needs to embrace changes to technology and infrastructure, as well as appropriate consequences for the choices that a person makes behind the wheel," Dougherty told us.
What they're saying: In a statement posted to Instagram on Sunday, the family of White said more than 135 letters were submitted to the community corrections board opposing Smilianska's early release.
- "We remain committed to ensuring accountability and justice for Magnus and all victims of traffic violence."
What's next: Smilianska remains in custody at La Vista Correctional Facility and is not eligible for parole until March 2027, according to the Colorado Department of Corrections.