A state court judge sentenced the wife of a Utah ski resort owner to six months home confinement with an ankle monitor and probation in the 2004 death of cyclist Josie Johnson, left, as she rode at the edge of a winding canyon road.
A jury in December convicted Elizabeth DeSeelhorst, 67, of negligent homicide in the death of Johnson, 25, a graduate student at the University of Utah. The SUV driver could have been sentenced to up to one year in prison.
The death of the popular student in 2004 sparked passage last year of House Bill 49, requiring motorists to give cyclists a wide margin when passing. It also launched an annual advocacy ride, the Josie Johnson Memorial Ride sponsored by the Salt Lake County Bicycle Advisory Committee.
In addition to six months home confinement, DeSeelhorst was placed on 36 months probation. She also was fined $4,625 and ordered to pay $18,105 in restitution to Johnson's family. The judge also ordered DeSeelhorst to serve 320 hours of community service; he suggested bicycle safety and health services, two activities that interested Johnson, the Salt Lake Tribune reported.
According to court testimony, DeSeelhorst's SUV ran into the back of Johnson as she cycled along the edge of Big Cottonwood Canyon Road. DeSeelhorst originally told police the cyclist veered into the path of the car, but in court she testified that she remembered nothing until she struck the cyclist. A neurologist testified the driver, whose husband owns the Solitude Ski Resort, might have suffered a mild stroke prior to the fatality and briefly lost consciousness.
The Tribune article describes an emotional courtroom sentencing on Friday. DeSeelhorst asked forgiveness of Johnson's family, who thanked her for the apology and accepted it.
“I have to believe our two families can come together to find a way to honor and respect Josie,” DeSeelhorst said. “I'm determined to find a way to turn this terrible accident into a positive, lasting force.”
Josie's brother Ken Johnson suggested DeSeelhorst could provide a venue for the Josie Johnson memorial bike ride, as well as support the addition of a bike lane to the road in Big Cottonwood Canyon.
In spite of the apology and forgiveness, the Johnson family said they expect to file a civil lawsuit against DeSeelhorst.
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