Jury Verdict Returned for Earl McWilliams

June 26, 2018 — On July 6, 2016, 2006 Ford F350 pickup truck traveling westbound on CO Highway 550 and operated by Earl McWilliams crossed the dashed yellow center highway divider line and collided with a 2005 Chevrolet Cavalier traveling eastbound resulting the death of Stephanie Boyd, the driver, and causing serious bodily injury to Maygin Boyd-Vargas, who was a passenger in the Cavalier.

The Jury Trial commenced on June 19, 2018 in the Montrose District Court. This was almost two years to the day from the date of this deadly collision. The jury returned its verdicts at approximately 4:30 p.m. on June 26, 2018. The verdicts returned by the jury are as follows:

Guilty of Counts 2 and 4:
Count 2 — Vehicular Homicide – Reckless Driving, C.R.S. 18-3-106(1)(a)
Count 4 — Vehicular Assault – Reckless Driving, C.R.S. 18-3-205(1)(a)

Not Guilty of Count 5 — Possession of Weapon – while under the influence of alcohol/drugs

Mistrial declared by The Honorable Keri Yoder as to Counts 1 and 3:
Count 1 — Vehicular Homicide – Driving Under the Influence
Count 3 — Vehicular Assault – Driving Under the Influence

The jury consisted of citizens from the county of Montrose and were presented with evidence in this case for approximately five days. The People wish to acknowledge these jurors for their service and participation in the judicial process. This required them to make sacrifices in their daily lives to sit as jurors and be present and listen to the evidence presented by the People and by the defense in this case.

This was a very traumatic case for the victims and their family on many levels. We appreciate and acknowledge the continuing trauma caused to the victims during the pendency of this case. The continuing trauma was in part as a result the case not moving forward quickly through the judicial system. The patience shown by the victims during the pendency of this two-year old case was difficult and challenging. The challenges and traumas of this case have also been experienced by law enforcement, the witnesses, and the prosecution.

This case did move forward to a jury trial on June 19, 2018, based on a denial by Judge Yoder of a request to continue the trial made by defense on June 13, 2018. The People argued that rights of the victims are to be considered during the pendency of a case, as well as those of a defendant.  The Victim Right’s Act provides victims of crimes the “right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, through the criminal justice process.” (C.R.S. 24-4.1-302.5(1)(a)).

The People would also like to acknowledge and thank the members of the Colorado State Patrol, Montrose Fire Department, Montrose County Coroner’s Office, Forensic Scientists from the Colorado Bureau of Investigation, and the lay witness in this case. Their efforts and time are a vital part of the criminal justice system and we appreciate their assistance to this case.

Jury Verdict Returned in Jury Trial of Earl McWilliams (Montrose District Court) 
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2018-07-02T11:24:08+00:00