Date: 10-08-2016

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Court: District Court, Weld County, Colorado

Plaintiff's Attorney: Weld County District Attorney's Office

Defendant's Attorney:

Description: Greeley, CO - Jury Convict's Woman On Two Counts of Vehicular Homicide

The State of Colorado charged Nacole Lee Grim, age 30, with two counts of vehicular homicide caused by reckless driving and one county of recklessly causing third-degree assault as a result of a car wreck on April 15, 2015 that caused the deaths of 39-year-old Andrea Weiss, of Fort Collins, and 34-year-old Dang Mantkhong, of Parker. Witnesses testified that Grim was speeding in the left lane of I-25 and lost control of her vehicle after making a rude gesture to the witness. Her vehicle hit the two vehicles in which the decedents were riding.

Grim was driving south I-25 when she lost control of her GMC Envoy. The vehicle crashed through the median barrier and hit an SUV being driven by Mantkhong and then the Jeep Wrangler driven by Weiss. Both were pronounced dead at the scene of the accident.

Colorado Revised Statutes section 18-3-104(1)(a) provides:

Manslaughter

(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)

(2) Manslaughter is a class 4 felony.

(3) This section shall not apply to a person, including a proxy decision-maker as such person is described in section 15-18.5-103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.

(4) (a) This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent.

(b) For purposes of this subsection (4):

(I) "Agent" means a person appointed to represent the interests of the terminally ill patient by a medical power of attorney, power of attorney, health care proxy, or any other similar statutory or regular procedure used for designation of such person.

(II) "Medical caregiver" means a physician, registered nurse, nurse practitioner, physician assistant, or anesthesiologist assistant licensed by this state.

(III) "Palliative care" means medical care and treatment provided by a licensed medical caregiver to a patient with an advanced chronic or terminal illness whose condition may not be responsive to curative treatment and who is, therefore, receiving treatment that relieves pain and suffering and supports the best possible quality of his or her life.

(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a medical caregiver to assist in the suicide of the patient.

Colorado Revised Statutes 18-3-204

Assault in the third degree



(1) A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

(2) Repealed.

(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

(4) Repealed.

Outcome: Defendant was found guilty and faces up to 24 years in prison.

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