Charges in Longmont crash upgraded following victim's death

Mitchell Byars, Daily Camera, Boulder, Colo.
·2 min read

Jan. 4—The victim of a Longmont crash in December died over the holidays, leading prosecutors to upgrade the charges against the driver accused of causing the wreck.

Fiona Alspaugh, 22, was initially charged with vehicular assault — DUI, DUI, careless driving resulting in injury and child abuse.

But the victim in the crash, Tahner Forsyth, 30, died after family said he was declared brain dead in the days after the crash.

That led prosecutors to file a motion to amend the vehicular assault count to vehicular homicide. The motion was approved by a judge on Dec. 29.

"With the tragic passing of the victim, our office undertook a careful evaluation of the evidence," Boulder County District Attorney Michael Dougherty said. "Based on that analysis, our office filed a motion to amend the most serious count to vehicular homicide — DUI. Our office has met with the family of the victim and they will have our full support throughout this difficult process."

Alspaugh is now set for a preliminary hearing on Tuesday. She remains out of custody on bond.

According to an arrest affidavit, Alspaugh caused a three-vehicle wreck Dec. 18 in the area of Pike Road and Industrial Circle.

According to an arrest affidavit, Alspaugh caused a three-vehicle wreck Dec. 18 in the area of Pike Road and Industrial Circle.

According to the affidavit, a witness called police and said Alspaugh had been driving erratically before the crash, and was "all over the road." The witness said Alspaugh almost struck the curb several times while she was driving.

An officer said Alspaugh smelled of alcohol and failed a field sobriety test. She was taken into custody after being medically evaluated at Longmont United Hospital.

Forsyth was airlifted to Denver following the crash, but according to a post on a gofundme page, Forsyth was declared brain dead on Dec. 22.

Another post indicated Forsyth died on Christmas Day, and that his heart and kidneys were donated.

"That saying, 'Today is the first day of the rest of your life' became reality for three people on this Christmas Day," the post read. "Tahner's heart continues to beat in another part of the country. His kidneys are helping two others. During surgery it was determined his liver was not transplantable, however, we are grateful for the gifts Tahner was able to provide."