Driver sentenced to jail, probation for striking cyclist on Foothills bike path

Apr. 17—The man who drove his car across a median and struck a cyclist on Foothills Parkway in 2019 was sentenced Friday to jail and probation.

Charles Arthur Augustine, 63, pleaded guilty in February to vehicular assault, obstructing a peace officer and failure to provide proof of insurance, all of the charges filed against him in the case.

On Friday, Boulder District Judge Thomas Mulvahill sentenced Augustine to four years of probation and 18 months of jail. Mulvahill said he would allow Augustine to serve the sentence as work release, and did allow Augustine to remain out of custody until Monday to get his affairs in order.

Augustine will not be permitted to drive a vehicle for the period of his probation.

Mulvahill said the sentence was an attempt to impose the necessary punitive sanction in the case while also hopefully not impeding the progress Augustine has made in his life since the crash.

"Mr. Augustine, I'm trying to balance the necessary punishment with the opportunity to get back to where you are," Mulvahill said.

According to an arrest affidavit, police were first called to the parking lot of the Boulder Dinner Theater, 5501 Arapahoe Ave., on July 6, 2019, when Augustine had parked his car in the lot blocking traffic and was taking it apart and "acting oddly."

An officer arrived and found Augustine "rambling on about things that did not make sense." The officer said Augustine also gave away his dog to some strangers near a taco truck in the parking lot before walking around with pliers "for an unknown reason."

Augustine then got in his car and "aggressively" drove away west on Arapahoe Avenue, leaving behind some of his belongings.

A short time later, witnesses said Augustine got onto southbound Foothills Parkway from Arapahoe Avenue, but then crossed the median and hit a cyclist who was headed north on the multi-use path.

The cyclist, identified in the affidavit as Gerald Ellis, suffered a broken leg, vertebrae and ribs and was transported to Boulder Community Health's Foothills Hospital.

Boulder District Attorney Michael Dougherty asked Mulvahill to impose a two-year prison sentence in the case.

"If there was ever a case of vehicular assault against a cyclist that should result in a sentence to state prison, this is it," Dougherty said, noting that Ellis, "could have died that day."

Dougherty noted that while Augustine has claimed the vehicle malfunctioned and that he blacked out, the evidence disputed those claims. He also noted just how far Augustine's vehicle had to go to get across the median, across the northbound lanes of Foothill Parkway and then through the grass to the bike path.

"It really demonstrates how fast the defendant was going when he left the roadway," Dougherty said. "It's supposed to be a safe place to ride a bike."

Dougherty said that while he acknowledged Augustine pleaded guilty as charged, he also pointed out that prosecutors never offered a plea deal in the case.

"I do believe he needs to be held fully accountable," Dougherty said.

On the other hand, Augustine's attorney, Beth Kelley, asked for a probation sentence, noting that Augustine had obtained permanent housing since the crash and did not want him to lose that because of a prison sentence. She said at the time of the crash, Augustine was homeless and had just lost his wife.

"He was truly having an incredibly difficult time just living everyday life," Kelley said. "We do not dispute this was a very serious accident with very serious injuries ... Although he may have made excuses then, he's not making them now; he's taking responsibility."

Augustine also addressed the court and apologized to Ellis, who was in the virtual courtroom but chose not to speak at the hearing.

"Because of my failure, my responsibility, my actions, I've changed (Ellis') life and almost killed him," Augustine said.

Augustine said he never intended to hurt anybody, and asked for a chance to make whatever amends he could.

"I'm trying to be a stand-up person," Augustine said. "I don't know how I'll ever be able to make it up to them. I'd like just an opportunity to do better, to have some kind of decent impact on society.

"I'm godawful sorry."

Mulvahill said he agreed the best thing for society and Augustine was that he keep his housing in place to provide him more stability, and said a prison sentence, while justified, was "the easy answer." Mulvahill said he hoped that with the jail sentence and probation supervising Augustine, this sentence would be a good compromise.

"I think I can accomplish much the same punitive sanction and still provide for a supportive, structured setting," Mulvahill said.

But Mulvahill also noted the seriousness of the case, and warned Augustine he would be headed to prison if he violated the terms of his probation.

"This was not an 'accident,'" Mulvahill said. "This was the definition of reckless conduct by Mr. Augustine."

Added Mulvahill, "I don't think he intended to hurt Mr. Ellis. But he didn't care about the safety of the rest of the public."