by — Gary Robinson — Editor, The Avid Cyclist

What is a defense attorney’s job? To Represent their client throughout the legal process. 

There is no doubt that Andy Gavaldon did exactly that in representing Amy Weiss against charge of Careless Driving Resulting In Death, in the crash that killed 10-year-old “Ollie Stratton.”  He also represented her in the charge of Tampering with Evidence, a charge she plead guilty to moments before the trial for the first got under way.  

Just a Careless Driving Case?

Shortly after the verdict was read, and the prosecution asked for a bond to be held until sentencing, Mr. Gavaldon lashed out at the court and declared that “This case has been blown out of proportion.” and went to to say that “this is a careless driving case, that’s all that it is.”  

In that once outburst, we see that he truly represented his clients.  “This is just a careless driving case, that’s all that it is” rang clear in every action of the defense attorney, and comments made by the defendant, her family and supporters. 

He continued to represent his client in sentencing,  which allows for the judge to hear victim impact statements, where he interrupted Rod Stratton, Ollie’s father stating, that “this is outside the scope of victim’s impact” while Rod spoke of what his son’s death caused by Amy Weiss’ carelessness had done to his life, his wife Clarissa’s life, his children’s lives and so much more.  

In his closing statement in the Sentencing hearing, Mr Gavaldon asked when healing can begin. That the lawyers are to blame, including himself, for not resolving this before trial.  That is why the trauma has continued.  But he wasted no time after sentencing, to file an appeal of the sentence his client received, therefor extending the trauma even longer.  After all, “It’s just a careless driving case, that’s all that it is”.

That was truly the attitude of not only the defendant, but her friends and family.  Before final sentencing,  friends and family members of the defendant make statements in support; why she should not receive a harsh sentence.  Matt Weiss argued that if his wife Amy received jail time for this “Tragic Accident”, it could impact his work schedule, and have negative consequences on his career.  I can see his point…after all, like their attorney said, “this is just a careless driving case, that’s all it is.” 

During the trial, we saw Amy Weiss’ actions and attitude displayed immediately after and in the months following the day that she struck Ollie Stratton while he was on his bike. 

• Called her friend, Tyler Drage, an off duty Fire Chief, instead of calling 911.
• Deleting texts she was making leading up to the crash.
• Fabricating a story that the victim was driving at her, and headed straight into her head on.
• Was so, “un-traumatized” that she was able to return to work and recreation immediately following the crash. A year and a half later she did resign her work just prior to sentencing due to the trauma and PTSD she claimed to have suffered.  

After all, “this is a careless driving case, that’s all it is.”

Witness for the Defense, Tyler Drage’s, actions are consistent with the defense’s attitude.  When he was attempting to give medical aid to Ollie Stratton, he took his hand and attention away to call his wife, and have her come over to comfort Amy Weiss.  

When a Ghost Bike and blue ribbons were placed at the site of Ollie’s death, Tyler himself took it down, and threw the ribbons on the ground.  Later, when the Ghost bike was put back up, he led a campaign including emails  demanding the Ghost Bike be permanently removed because of the emotional trauma it caused him, with no recognition or respect of the trauma the victim’s family was going through.  Keep in mind, this is a firefighter that the community trusts dealing with trauma every day,  that can not deal with, or allow a victim’s family to mourn the loss of their son in peace.  After all, “This is a careless driving case, that’s all that it is.”

This was not an accident!

Throughout the trial, and sentencing,  Mr. Gavaldon,  and his witnesses, continued to say that this was a tragic “accident.” Nothing could be further from the truth.  

If we take Mr. Gavaldon at his words, that the case is about careless driving. There is nothing “accidental” about careless driving.  There  is nothing accidental about texting while driving which was the careless act. She did NOT accidently text. 

Amy Weiss was charged with Careless Driving Resulting in Death.  Where is the accident?  She intended to text, and call using her phone while driving, an act that she knowingly could have done hands-free in her SUV while driving between Fort Collins and Timnath as no accident, it was intentional.  She intentionally endangered countless lives, she intentionally was distracted.   She was not charged with accidently taking a life; she was charged and convicted of Careless Driving Resulting in Death.  

There has never been a law passed on Facebook

Since this case caught the public eye, there have been countless posts and articles written about it.  We as a outlet, and myself have written several and posted them on social media. The responses have been in overwhelming support of the Stratton Family and anger at the D.A. prosecuting the case, the judge presiding over it, and the law in general.  The latter is the one that deserves the criticism. 

Having watched the trial, and sentencing and having the opportunity to speak to DA Gordon McLaughlin, I know the DA did everything that was possible and within the law to prosecute this case, and the Judge did the same.  It is the law that is wrong, not those that support it, enforce it, and uphold it.  The key part of that is: within the law. 

“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.” 

It is the Law that needs to change

This is a democracy, and law are presented and passed in the Capital.  Those laws are written, presented, and voted on by our elected officials. 

If everyone who made a emotional plea, or rant, or comment of anger at the sentence and punishment of the defendant, acted on that emotion and anger, imagine the impact.  

Our elected officials do not comb Facebook to read through comments, I promise you that.  

We ask that you joins us and take action, action that can make a difference.  Reach out to your elected officials.  Be civil, be friendly, and tell them why they should support laws that protect vulnerable road users and laws that raise  the severity of the punishment for offenses like those that resulted in the death of Ollie Stratton. 

• The Colorado house is in session right now.  Find out what bills action are pending, a great resource is BicycleColorado.org.  Get involved!
• Find out who your elected representative is and reach out to them, make friends with them, and write or talk to them about your feelings and why.  If they have not heard about this case, tell them about it, and how the law is upside down in this area. 
• It is not a one-and-done thing.  Keep a relationship open, write them, encourage them.  Send them links to news stories about this and related topics.  Remember-they may not ride a bike, but no one with a heart can learn about this case, or those like it, without feeling it. 
• Not sure who your elected representative is?  Look Here: https://ziplook.house.gov/htbin/findrep_house?

I have read hundreds of angry and well thought out comments.  If it take 2 minutes to write a comment and give a angry face or sad emoji, to a post, take one more minute and write a quick email  to your elected representative.  

Remember:

THERE HAS NEVER BEEN A LAW PASSED ON FACEBOOK

Gary Robinson — editor, The Avid Cyclist