Former Weld Sheriff’s deputy convicted in fatal traffic crash sentenced to 10 days in jail, probation
January 9, 2017
A former Weld County Sheriff's Office deputy convicted of careless driving in connection with a fatal 2015 traffic crash will serve a 10-day jail sentence, as well as six months of unsupervised probation for the offense.
A jury in October convicted Tim Boxley, 47, of careless driving, a lesser charge than prosecutors initially sought. The conviction stems from Boxley's involvement in a November 2015 fatal traffic crash at the intersection of U.S. 85 and Weld County Road 66 that resulted in the death of Jose Mercado-Nova, 74, of Gill. Boxley was responding to an emergency call from another deputy and driving at speeds up to 101 mph, according to Colorado State Patrol reports. Despite his speed, Boxley did not turn on the vehicle's emergency lights or sirens, and his car struck Mercado broadside. Mercado later died in the hospital.
Prosecutors initially charged Boxley with careless driving resulting in death. They also gave the jury the option of finding him guilty of careless driving, a lesser charge.
Boxley faced up to 90 days in jail. At his sentencing Monday, Weld Chief Deputy District Attorney Ben Whitney said he believes Boxley should serve time in jail.
"This court has seen instances where a person is driving too fast, hits a patch of ice and hits a fence, and that's careless driving," Whitney said. "This is on the complete opposite end of the spectrum. If (Boxley) is doing any number of things differently (this crash) doesn't happen. It just doesn't."
Jeffrey Wolf, Boxley's attorney, said Boxley has been living with the consequences of the crash for more than a year.
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"He lost his job. He lost his career and had such a hard time finding employment he is now working in the state of New York and is commuting back to see his family when he can," Wolf said. "That's a severe penalty."
Boxley spoke at the hearing, as well. He said he hoped the Mercado family, who was seated in courtroom's front pew a few feet behind him, would be able to forgive him one day.
"Our families are tied from this day forward forever," Boxley said.
Judge Michele Meyer sentenced Boxley to 100 hours of community service, as well as six months of unsupervised probation. She also sentenced him to a 10-day jail sentence but said Boxley could serve the sentence by wearing an ankle monitor. Because Boxley works in New York, she added he could break the sentence up into two five-day increments during times when he is in Colorado.
Wolf said Boxley plans on serving the first half of his sentence in February, when he will be back in Colorado from New York.