New trial date set for Timnath woman accused in crash that killed 10-year-old cyclist
The trial for the Timnath woman accused of careless driving in the crash that killed a 10-year-old boy riding his bike in a residential neighborhood last summer has been rescheduled.
The boy, Oliver Stratton, was riding his bike south on Saddle Horn Drive and crossing River Pass Road when he was hit by a 2019 Audi SUV heading eastbound on River Pass Road just before 6 p.m. Aug. 2, according to the Larimer County Sheriff's Office.
The SUV's driver, Amy Weiss, of Timnath, has been charged with careless driving resulting in death, a Class 1 traffic misdemeanor, and tampering with physical evidence, a Class 1 misdemeanor.
Weiss pleaded not guilty to those charges in March, and a three-day trial had been scheduled to begin Wednesday. But during a court hearing Monday, both the prosecution and defense said that a three-day trial would not be long enough and requested the trial be reset for five days.
Deputy District Attorney Amanda Duhon said as they were preparing for the trial, the prosecution realized it would "erode the integrity of the case" to try and fit all of their evidence and argument into three days. The prosecution plans to call nearly 20 witnesses, which would also have been difficult to do in just three days.
Weiss's attorney, Joseph Gavaldon, agreed that "the nature and complexity of this case" warranted a longer trial length and said if they had to do the trial in three days, he felt the defense would likely not have adequate time to present their argument.
Duhon said the decision to delay the trial "continues to cause suffering and agony" to Oliver's family, some of whom she said had travel plans to come support his local family during the trial.
Magistrate Kraig Ecton said the prosecution and defense met with him last week to discuss rescheduling the trial, and the third week in December was the soonest he could fit a five-day trial on his calendar.
"I'm sorry that it's in the month of December, but I can't change the calendar," Ecton said.
The five-day trial is scheduled to start Dec. 16.
This article originally appeared on Fort Collins Coloradoan: New trial set for Colorado woman charged in crash that killed child
