Former Weld sheriff’s deputy found guilty in 2015 traffic fatal, faces up to 90 days in jail | MyWindsorNow.com

Former Weld sheriff’s deputy found guilty in 2015 traffic fatal, faces up to 90 days in jail

Staff reports

A jury Thursday found a former Weld County sheriff's deputy guilty of careless driving — a lesser charge than he originally faced — for his involvement in a 2015 fatal crash.

About 3:30 p.m. Nov. 17, 2015, then-Deputy Tim Boxley, 47, was driving north on U.S. 85, responding to an emergency call north of Greeley.

According to Colorado State Patrol reports, Boxley did not turn on his police vehicle's lights or sirens, and he was driving up to 101 mph. At the highway's intersection with Weld County Road 66, Boxley crashed into a 2007 Nissan Altima driven by Jose Mercado-Nova, 74, of Gill. Mercado-Nova died a few hours later in the hospital.

In an opening statement on Wednesday, defense attorney Adrienne Teodorovic laid out her case, noting Boxley was responding to an emergency when he was called to assist with a different traffic crash on Colo. 392.

"This is a priority two call — it's an emergency," she said. "He pushes the gas, he's got to go. That's his job. There's a truck rolled over, a power pole is down, there is a power line on this truck and someone's inside. So deputy Boxley pushes the gas just a little harder."

Prosecutors contended the fact that Boxley was responding to a call didn't matter, he still had an obligation to drive safely. And he was going too fast.

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According to a news release Thursday from the Weld County District Attorney's office, Boxley was charged with careless driving resulting in death. After a few hours of deliberation, the jury was not convinced there was enough evidence to convict him as charged. The jury opted instead to convict him of careless driving, which is a lesser charge.

Boxley could face as much as 90 days in jail. Had he been convicted of the more serious charge, he could have seen as much as a year in jail.

What’s next

Former Weld County sheriff’s deputy Tim Boxley is scheduled to appear in court for sentencing 8:30 a.m. Jan. 9. He faces up to 90 days in jail after he was convicted of careless driving.