COLORADO’S FIRST-EVER CRIMINAL CHARGES FOLLOWING AN AVALANCHE COULD BE SLIPPERY SLOPE FOR BACKCOUNTRY TRAVELERS ~ THE COLORADO SUN

BACKCOUNTRY USERS BEWARE, ‘THE MAN IS GONNA GET YOU!!!!’ ~ RŌBERT

The two snowboarders talk about snow conditions and route selection as they drop in, one at a time. Gusting wind is blowing snow across the ridge as they wind between reefy rocks.

“Avalanche!” yells Tyler DeWitt as he cranks to a stop below his friend Evan Hannibal. 

The two watch the slide — captured on video by Hannibal’s helmet camera — grow from a small slough of wind-deposited snow into a deep avalanche that buries the service road above the west portal of the Eisenhower-Johnson tunnels with 20 feet of snow. 

“F***, dude that is what I was worried about,” Hannibal says.

“F***, dude that is not good,” DeWitt says. 

“I really hope nobody was on that road,” Hannibal says.And this time, for the first time ever in Colorado, the statements and video given by Hannibal and DeWitt are the basis of criminal charges filed by a prosecutor who is seeking $168,000 from the snowboarders to pay for an avalanche mitigation device destroyed in the March 25 slide. 

“We called the authorities in on ourselves. We handled it in a professional manner and tried to be as professional as we could be when a mistake was made,” said Hannibal, a 26-year-old emergency medical technician in Vail who has been snowboarding in Colorado’s backcountry for more than a decade. “I think the backcountry community should be worried about the repercussions here when you report an avalanche and tell the truth and get charged with a crime.”

Boarders charged with reckless endangerment

The avalanche below the Continental Divide barreled down a chute directly above Interstate 70. It started small — 4- to 6-inches deep — and then stepped down to deeper, weaker layers in the snowpack, eventually scouring the ground. More than 400 feet of the Loop Road above the west portal of the tunnels was buried. 

What began as a small slide of a few inches of fresh snow stepped down to a weak layer and ultimately scoured the ground in the March 25 avalanche. The snowboarders who triggered the slide face reckless endangerment charges and fines to replace a damaged avalanche mitigation system, which is marked by the blue ovals. (Provided by the Colorado Avalanche Information Center)

Bruce Brown, the district attorney for Colorado’s 5th Judicial District, said he studied the video of the accident. He points out that the two snowboarders were aware of the risk of an avalanche and discussed how to avoid that risk.

“We charged them with reckless endangerment because it was foreseeable they were putting other people at risk of serious bodily injury in that they recognized the potential for a slide and they could obviously see, right below their skis, I-70, where 100,000 cars go by each week,” Brown said. “They knew if there was a slide, it could end up on the roadway, endangering the traveling public.”

DeWitt and Hannibal had all the avalanche equipment needed for rescue and the video shows them practicing safety protocol —  discussing safe routes, noting hazards, moving one-at-a-time and stopping in safe zones — as they navigated through avalanche terrain. DeWitt had been riding different chutes in the area the weeks prior, with no incident. The chute the two chose to descend on March 25 had two remote controlled O’bellx avalanche mitigation cannons, which the Colorado Department of Transportation installed in the fall of 2018 to bring down smaller avalanches to minimize the chance of a larger slide burying the interstate.

“The riders assumed that the avalanche mitigation to protect the tunnel infrastructure decreased the avalanche hazard on the slope,” the CAIC report on the avalanche reads, also noting the difference between avalanche mitigation to protect infrastructure, which reduces the potential for large slides, and mitigation at ski areas, which reduces the potential for small, human-triggered slides. “Backcountry travelers who are unaware of the differences often overestimate the hazard reduction from an infrastructure mitigation program.”

The Colorado Department of Transportation, which spent $371,000 in 2018 installing three remote control avalanche mitigation systems above I-70 around the Eisenhower-Johnson Memorial Tunnels and another on Berthoud Pass, had never lost an O’bellx or Gazex avalanche device in a slide. 

The agency and the Colorado Avalanche Information Center use more than a dozen of the remote controlled systems on Loveland and Berthoud passes to reduce avalanche hazards above U.S. 6 and U.S. 40. CDOT has not replaced the O’bellx unit lost in the March avalanche. An agency spokeswoman said CDOT is looking at “alternative plans to ensure the slide path is safe” throughout the 2020-21 season.  

~~~ CONTINUE ~~~

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