A cyclist who was about 20 feet behind a 17-year-old cyclist when he was fatally hit by a car on the Diagonal Highway in July 2023 took the stand in Boulder Wednesday, the third day of the trial of the driver.

Yeva Smilianska, 24, is charged with one count of reckless vehicular homicide for the death of Magnus White. Smilianska, who remains out of custody, is facing a maximum prison sentence of six years if she’s found guilty.

‘It was a split second, but it went straight through him’

White was riding southbound on the Diagonal Highway on July 29, 2023, with pro cyclist Quintin Chiapperino riding close behind him. Chiapperino, who was on a triathalon bike and moving slightly faster than White, said initially he was going to pass White before seeing his USA kit and deciding not to bother him.

“You could tell when someone is rock solid on a bike, wearing a USA cycling kit. (I thought), ‘We’ll leave him alone. He knows what he’s doing,’” Chiapperino said.

Chiapperino recalled that about 20 seconds later, he noticed a car traveling fairly quickly in the far left lane before it starting moving to the right, made a slight adjustment to the left and then a hard right “beeline” for White.

“There was no chance he could’ve seen it, not possible … It was a split second, but it went straight through him,” Chiapperino said.

Chiapperino said White hit the windshield and was launched so high into the air that Chiapperino had to actively look up. After he landed in the grass, Chiapperino ran straight for White.

“I would say, ‘I’m here with you. You’re going to be OK,’ to see if there was any reaction from him, but he was convulsing,” Chiapperino said.

White’s family and friends could be heard crying as Chiapperino spoke. Some rubbed each other’s backs, while others covered their eyes with tissues.

Chiapperino said as he stayed with White, he recalled screaming at Smilianska, who, according to the cyclist, was “hanging out” by her car hitting her vape. Later on, Smilianska reportedly asked Chiapperino what happened and told him that she didn’t know what happened and she thinks she passed out. Chiapperino said Smilianska did not seem to express any remorse in the moment.

Smilianska’s defense attorneys noted that Chiapperino previously said she could’ve been in a state of shock and that everyone reacts differently to situations.

Chiapperino, who was training for a U.S. Air Force triathlon at the time of the crash, said he quit cycling after seeing the crash.

The lead investigator of the crash, Colorado State Patrol Trooper Sean McCall, finished his testimony Wednesday and confirmed that when he filed his crash report Oct. 26, 2023, he determined the crash to be careless, not reckless.

Smilianska’s defense attorney said in opening statements that the defense will ask the jury to find her guilty of careless vehicular homicide.

‘White experienced a change in speed from 25 to 55 in a blink of an eye’

Later on Wednesday, crash reconstructionist Michael Stogsdill, who testified as an expert witness and was hired by the Boulder County District Attorney’s Office to do his own investigation, said he concluded that Smilianska should be charged with reckless vehicular homicide.

Stogsdill said White was riding at 25 mph and Smilianska was driving between 55 and 60 mph at the time of the crash.

“White experienced a change in speed from 25 to 55 in a blink of an eye,” Stogsdill said.

Stogsdill testified that the car weighed 2,747 pounds, the bike weighed 17 pounds and White weighed 155 pounds. Stogsdill testified later in the day that he found there was no mechanical failure and no steering malfunction.

“There were no defects during the steering,” Stogsdill said. “The steering had free movement.”

Boulder County DA Michael Dougherty said it was also discovered that the defendant had AirPods in both ears, she had taken prescription medications, she drank whisky earlier that day, she stayed up until early in the morning and woke up a couple hours later and she was told by a friend to not drive home due to her exhaustion.

‘I’m falling asleep and going to head home’

Later, videos of Smilianska singing karaoke with a friend the morning of the crash were displayed on the courtroom monitors. According to District Attorney’s Office Chief Investigator Kristin Weisbach, the two videos, one of which shows Smilianska drinking whisky, were recorded at 5:56 a.m. and 6:02 a.m. on the day of the crash.

Weisbach testified that Smilianska made a Google search at 9 a.m. on the same day. Smilianska’s defense attorney noted that there was no phone activity between 9 a.m. and 9:52 a.m., during which she could have been asleep.

At 12:11 p.m., about 20 minutes prior to the crash, Smilianska texted her friend, “I’m falling asleep and going to head home,” according to Weisbach.

Although the prosecution hadn’t yet rested its case, due to scheduling the defense called its first witness Wednesday afternoon. Toxicologist and expert witness Sarah Urfer explained how alcohol metabolizes in the body over time, as well as side effects of medication. When given a hypothetical scenario of a person having one drink or one shot at 3 a.m., Urfer said she would assume that they would be sober by 12:30 p.m. that same day.

On cross-examination, Urfer said medication taken with alcohol can cause heightened effects of intoxication. Dougherty noted that because no testing was conducted, Urfer’s determination that Smilianska wasn’t intoxicated at the time of the crash were dependent on her telling the truth of how much she drank and when.

Defense attorney Timur Kishinevsky then noted that Smilianska had been taking her bipolar medication for four months prior to the crash and there were six officers who determined Smilianska was not intoxicated.

Forensic pathologist Dr. Daniel Lingamfelter, who performed the autopsy on White, also took the stand and confirmed that White died from blunt force head trauma. A photo of his bloodied helmet was shown to the jury.

Lingamfelter said that the manner of death was ruled accidental because he was given no information that the crash was intentional.

White was riding his bike southbound on Colo. 119, just south of the 63rd Street intersection at 12:33 p.m. July 29, 2023, when he was hit by Smilianska, who was driving a Toyota Matrix that had crossed from the righthand lane into the shoulder, according to CSP Trooper Gabriel Moltrer.

White was taken to a hospital, where he was pronounced dead.

Investigators said in an arrest affidavit that “based on the totality of circumstances, it appears most likely that Smilianska was asleep at the time of the crash.”

In May 2024, Magnus White’s parents filed a wrongful death lawsuit against Smilianska. According to court documents, the civil action is stayed, pending the conclusion of Smilianska’s criminal matter.