Plea delayed in trial of Ukrainian woman accused in Boulder cyclist’s death

Magnus White's family says decision "prolongs our suffering"

Eight months after champion Boulder cyclist Magnus White was killed in a devastating roadway collision, the accused driver’s plea and trial date was delayed Friday.

20th Judicial District Court Judge Patrick Butler approved the delay in order for Yeva Smilianska’s attorneys to have time to review 70 hours of law enforcement body-cam footage.

White, a 17-year-old cycling phenom, was killed on a paved portion of Highway 119 and North 63rd Street on July 29, when investigators said Smilianska’s Toyota Matrix slammed into him.

FILE PHOTO: Magnus White holds up his arms in victory during a bicycle race. White was killed after being hit by a car July 29, 2023, in Boulder. (Courtesy photo, USA Cycling)
FILE PHOTO: Magnus White holds up his arms in victory during a bicycle race. White was killed after being hit by a car July 29, 2023, in Boulder. (Courtesy photo, USA Cycling)

​”Based on the totality of circumstances, it appears most likely that Smilianska was asleep at the time of the crash,” a Colorado State Patrol affidavit said.

Magnus’ parents, Jill and Michael White, were in the courtroom for the hearing and issued a statement saying their son’s death was a crime and not an accident.

“The driver’s decision to not enter a plea at this time and file a motion to extend the proceedings does not surprise us. It only delays the outcome of the case and prolongs our suffering. Each court appearance continues to and will continue to take us back to reliving the day Magnus was killed,” they said.

No trial date was set, and the defendant did not enter a plea to the charges.

Smilianska’s attorneys have said in court that she came to Colorado after fleeing the war in Ukraine and that she had no criminal history.

Yeva Smilianska, 23, faces vehicular homicide charges in connection with the crash that killed cyclist Magnus White. (Boulder County Sheriff's Office)
Yeva Smilianska, 23, faces vehicular homicide charges in connection with the crash that killed cyclist Magnus White. (Boulder County Sheriff’s Office)

She has been charged with one count of vehicular homicide-reckless in the death of White, who was just days away from leaving for Glasgow, Scotland to compete in the Junior Men’s Mountain Bike Cross-Country World Championships.

“His parents are suffering mightily,” 20th Judicial District Attorney Michael Dougherty said.

In response to the defense’s request to postpone the arraignment, he said that the Whites wanted to move forward with “this very important and very tragic” case but that he understood the need to review the voluminous hours of video footage.

Smilianska, who is out of jail on a $100,000 personal recognizance bond, appeared in court in person and spoke through an interpreter.

Her vehicle was going 60 miles per hour when it hit White last July in the middle of the day, according to investigators. Magnus, whom police speculated was cycling at around 25 miles per hour, died of blunt force injury to his head.

The Colorado State Patrol charging document stated that Smilianska got into her vehicle to drive home to Boulder from Longmont after very little sleep. Witnesses saw her drift across the road at Highway 119 near Gunbarrel and head directly for White, not braking.

The defendant denied the allegations and claimed there was a steering malfunction. However, authorities determined that her car and steering wheel were functioning properly at the time of the crash.

In Colorado, vehicular homicide is a Class 4 felony, which could carry two to six years in prison and potential fines from $2,000 to $500,000.

Butler moved Smilianska’s next court hearing to May 24, 2024.

Denver Gazette digital producer Jonathan Ingraham contributed to this report.

Magnus White's parents objected to a delay in the trial of a Ukrainian woman charged in his death Friday.Jill White, left, becomes emotional while she and her husband Michael White, talk to members of the media at their home in Boulder Thursday, Dec. 14, 2023. They talked about the arrest of the driver suspected of killing their son Magnus White while he was riding his bicycle on the Diagonal Highway between Boulder and Longmont on July 29. (Jonathan Ingraham/Denver Gazette) (JonathanIngrahamDigital Strategistjonathan.ingraham@denvergazette.comhttps://denvergazette.com/content/tncms/avatars/c/dd/7f0/cdd7f086-b693-11ec-b373-bba598953eb6.fc0f5608a6f1144f64f080f771bd904d.png)
Magnus White’s parents objected to a delay in the trial of a Ukrainian woman charged in his death Friday.Jill White, left, becomes emotional while she and her husband Michael White, talk to members of the media at their home in Boulder Thursday, Dec. 14, 2023. They talked about the arrest of the driver suspected of killing their son Magnus White while he was riding his bicycle on the Diagonal Highway between Boulder and Longmont on July 29. (Jonathan Ingraham/Denver Gazette) (JonathanIngrahamDigital [email protected]://denvergazette.com/content/tncms/avatars/c/dd/7f0/cdd7f086-b693-11ec-b373-bba598953eb6.fc0f5608a6f1144f64f080f771bd904d.png)
Yeva Smilianska speaks to 20th District Judge Patrick Butler through an interpreter in a Boulder County courtroom. This is screen shot of Friday's hearing in the death of Boulder teen cyclist champion Magnus White. The arraignment was delayed until May 24. (Carol McKinley)
Yeva Smilianska speaks to 20th District Judge Patrick Butler through an interpreter in a Boulder County courtroom. This is screen shot of Friday’s hearing in the death of Boulder teen cyclist champion Magnus White. The arraignment was delayed until May 24. (Carol McKinley)

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