Judge accepts evidence in vehicular homicide case | AspenTimes.com

Judge accepts evidence in vehicular homicide case

Chad Abraham

A judge on Tuesday ruled against a Fort Collins woman’s attempt to have crucial evidence suppressed ahead of her trial on a vehicular homicide charge later this month.But Judge James Boyd has yet to rule on whether the Colorado State Patrol was within its power to impound Stormy Lindblom’s vehicle after a fatal accident on New Year’s Day 2005. He will likely rule on that matter, which will affect whether evidence found in the vehicle can be used at trial, on March 20.Lindblom, 25, is also charged with DUI and careless driving causing death. She was allegedly behind the wheel of a Toyota sport utility vehicle that went off the road between Carbondale and Redstone early New Year’s Day. The vehicle rolled and hit a tree, killing passenger Josanna Reece of Redstone.Chip McCrory, Lindblom’s attorney, argued Feb. 21 that the state trooper had used coercion when he interviewed her after the accident.Boyd rejected that argument, saying the interview was consensual. He ruled the trooper had enough probable cause to ask Lindblom to perform roadside sobriety tests and adequate probable cause to arrest her on the charges, said deputy district attorney Gail Nichols, who is prosecuting the case.Lindblom was then taken to Aspen Valley Hospital for a blood test, which is standard when people are arrested for vehicular homicide involving suspected alcohol use, the trooper testified last week.Her blood samples, which allegedly showed a blood-alcohol content of between 0.15 and 0.18, above the state limit of 0.08, were taken legally, Boyd said.The results of the blood tests can now be used as evidence, Nichols said.Lindblom faces between four and 12 years in prison if convicted.Chad Abraham’s e-mail address is chad@aspentimes.com