LARIMER COUNTY, Colo. — A driver who was convicted after striking and killing a 10-year-old cyclist in Timnath was sentenced to jail on Friday.
Amy Weiss, 54, was sentenced to 365 days in jail for careless driving causing death and 364 days in jail for tampering with physical evidence, which will run concurrently. These were the maximum sentences, according to the Eighth Judicial District Attorney's Office.
On Dec. 20, 2024, Amy Weiss was found guilty of careless driving resulting in death, a few days after she had pleaded guilty to tampering with physical evidence, according to court documents.
The case began on Aug. 2 just before 6 p.m. Weiss, now 54, was driving a 2019 Audi SUV east on River Pass Road when she hit a young cyclist who was headed south on Saddle Horn Drive, according to the Larimer County Sheriff's Office. The crash happened in a Timnath neighborhood.
The cyclist, who was later identified as Oliver Stratton, 10, of Timnath, was transported to a hospital, where he died.
Investigators gathered evidence at the scene, which led them to believe Weiss had been distracted at the time of the crash.
"The investigation found Ms. Weiss was using her phone throughout her drive from Fort Collins to Timnath for phone calls and text messages and sent a text just seconds before hitting Ollie," the district attorney's office said. "Additionally, evidence showed that she deleted the messages sent leading up to the accidents mere minutes after she struck Ollie."
In October, she was charged with careless driving resulting in death and tampering with physical evidence.
She pleaded guilty to tampering with physical evidence on Dec. 16, and was found guilty of the careless driving charge a couple days later. During the weeklong trial, prosecutors showed her attempt to cover up her actions. The jury returned with an unanimous verdict, finding her guilty.
Weiss' sentencing hearing took place on Friday. She was sentenced to 365 days in jail for careless driving causing death and 364 days in jail for tampering with physical evidence.
She will serve the sentences concurrently, with work release "authorized," according to the district attorney's office. Her driver's license was also revoked.
“Our hearts continue to break for the Stratton family. The loss they have suffered is immeasurable,” said District Attorney Gordon McLaughlin in a statement. “While no sentence can do justice to the life lost, it is important to continue to hold distracted drivers accountable. We need to change the culture where cellphone causing crashes are seen as ‘just an accident.’ They are lethal and the decision to use a phone while driving is intentional. I urge folks to think about Ollie and put their phones down.”
Stratton's life, as well as the circumstances of his death, was highlighted by The White Line Foundation, which was created after the death of 17-year-old Magnus White in Boulder County. It aims to capture the heartbreak after these types of crashes while also pushing for more safety for cyclists on the road.
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Starting Jan. 1, 2025, driving while holding a phone in Colorado is illegal. While texting and driving is already illegal in Colorado, this law also makes phone calls and using GPS illegal if you are holding the phone. This does not apply to drivers who use Bluetooth or control their phone in other hands-free ways.
First time offenders will get a $75 fine and two points off their license. The consequences increase with repeat offenses.
There is no warning period. However, first-time offenders can get their fines waived if they show proof of purchase of a hands-free device, like a mounted phone stand.
Denver7's Sydney Isenberg contributed to this report.
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