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UPDATED: 5 years probation for Highway 133 fatality, injuries

  A Basalt woman will spend five years on probation for causing a fatal car crash on Highway 133 last summer. The accident killed a young woman who was traveling cross-country with her boyfriend. Note: this article includes Aspen Public Radio’s full interview with Christine Tinner.

 

Christine Tinner had pleaded guilty to two misdemeanors, both for careless driving. She explained in Pitkin County Court Tuesday what she thinks happened before the accident last August. Tinner had had a strenuous day, but made sure to drink coffee and eat. She was sleepy and trying to find a pull-off on Highway 133 when she fell asleep at the wheel. That’s when the accident happened, ending the life of an Indiana student named MeleynaKistner. “It’s a sorrow, it’s a guilt," teared up Tinner in court Tuesday, while recounting what transpired. "It’s a horrible tragedy that has rendered my soul and person broken. For the rest of my life.”

Editor’s note: Scroll down for our full conversation with Christine Tinner after yesterday’s hearing.

Tinner has no memory of the crash, which also injured Kistner’s boyfriend. Tinner's body is permanently scarred, injuries requiring multiple surgeries. She has a lame leg, arthritis, and needs a knee replacement-- all of which Tinner calls her “natural punishment."

As for the formal sentence, Judge Erin Fernandez-Ely ordered a two year driving ban in addition to five years probation, plus a $1000 fine. Tinner must perform three hundred and sixty hours of community service and participate in a restorative justice program, as well as a Mothers Against Drunk Driving event, though blood tests taken a short time after the accident show Tinner did not have alcohol in her system.

“You know this judge knows a lot more about the law and all that stuff than I do. I mean at the end of the day, God is the judge,” said Tinner at her sentencing. “So I’ll make the best every situation.”

"We’re extremely disappointed that human life isn’t valued any more than what’s been shown during this criminal case,” Heather Kistner said angrily afterwards. She's the step-mother of the woman who died, and does not think justice was served with the sentence. “For our family to lose a child in a crash, and never have closure by knowing the true facts is heartbreaking."

Adding insult to injury is state law that leaves drug testing after a crash at the discretion of the Colorado State Patrol. Heather Kistner and the victim’s father hope to lobby Colorado lawmakers this fall to change that. "I don’t know if [the sentencing] changed any of our perspectives," lamented Mr. Kistner on Tuesday. "I’m sure [Tinner] is going to live with this tragedy for the rest of her life. And you could hear the anguish in her voice."

Other members of the victims’ families have said they’re ready to forgive Christine Tinner. But Mr. Kistner and his wife appeared on the fence. When Tinner asked for their forgiveness during the hearing, offering each a rose, the couple did not accept the flowers. They and others in the family are now deciding how much restitution to request, and there maybe a civil suit as well.

for_web_tinner.mp3
Full interview with Christine Tinner after sentencing hearing on Tuesday, April 21st, 2015. This audio is unedited except for boosting volume.

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