This Was Not an “Accident” - It Was a Crime

Hit-and-Run Driver Gets Maximum Sentence

Chuck Vogel was a well-respected leader and volunteer in his community. He was always looking out for others and working to make a difference. Chuck helped raise money to fight breast cancer, was a rotary member, and a mentor to many. He volunteered with the Parker Task Force, his local food bank, and served as President of his Metro District Board.  “That’s who he was,” said his wife, Teri Vogel. “He did not do any of these things to receive accolades, to be in the limelight, or for recognition.  It was the satisfaction of knowing he had somehow made a difference.” 

He had been retired for six years, and was relishing the additional time he had for biking, golfing, hiking, and spending time with family and friends. Teri had retired more recently and was looking forward to joining Chuck more frequently in these pursuits.

Chuck had a huge passion for life and his family.  He was Teri’s best friend and the love of her life. In addition, Chuck was going to be a grandfather for the first time, as his son, Bryan, and daughter-in-law, Lisa, were expecting their first child. Baby Charlie was due in just two short months.  

On July 4, 2019, Chuck headed out on a ride just as he did several times each week.  Teri believes that Chuck made a conscious decision that day to ride his bike on a holiday and early in the morning in unincorporated Douglas County. There would be fewer drivers rushing to work, less traffic, and not as many distracted drivers on the road. Chuck was two minutes into his bike ride, riding on Pine Drive near Parker Core Knowledge when a driver in a Kia Spectra hit Chuck from behind at 6:25 a.m. The driver fled the scene and Chuck was left to be found by a Good Samaritan who thought there was trash on the side of the road. This is something that Teri lives with every day. 

Teri was still asleep when she got a call from the Emergency Room at Parker Adventist Hospital asking her if Chuck was on a bike ride that morning and notifying her that Chuck was in the emergency room.  When she arrived at the hospital, he was being brought back from a CT scan and was already on life support. As an experienced ER nurse, Teri knew that the situation was dire when she met with doctors. Teri had to make the difficult call to her son, Bryan, who was living in Utah. Teri stated that Chuck and Bryan had a relationship like none other. They spoke to each other multiple times a week and both shared a love of bicycling. Bryan and Lisa, who was 32 weeks pregnant, drove to Colorado knowing that they were coming to say goodbye to Chuck.  

Chuck passed away the next day on July 5, 2019 as a result of his injuries. 

Police found the Kia in Parker on July 5, 2019, abandoned in the parking lot of nearby townhomes.  After a tireless investigation that involved multiple arms of the Douglas County Sheriff's Office, Preston Dorris was identified as a lead suspect.

Dorris had come to Colorado to buy drugs and was no stranger to law enforcement. He had led a life of crime in his 36 years and, at the time of the crash, had been convicted of 22 misdemeanors since 2003. His crimes included third-degree assault, theft, and two felonies including forgery and unauthorized use of a financial device.  He was found and arrested outside Alliance, Nebraska, on July 13 and was transported back to Colorado on July 16th. At the time of his arrest, Dorris was making plans to leave the country.   

Collaborative efforts between law enforcement in both Colorado and Nebraska, and the Douglas County District Attorney’s Office had a major impact on the outcome of this case. Thanks to their tremendous efforts, justice was served. “From the very moment they got the call and came to the hospital, the Douglas County Sheriff’s Office was committed,” said Teri. This case was not only about bringing the driver to justice, it was about finding justice for a husband, father, friend and valued community member.

The Deputy Patrol Officer, who responded to the original 911 call and was on the scene the morning of July 4th, told Teri that he would not rest until he found the driver.  Crime Stoppers offered a reward for anyone with information about the case. Additional manpower was brought in to help with the case, as it was considered a major crime. “This was not an accident. It was a crime,” says Teri. “He had a blatant disregard for life. Dorris made a conscious choice that day, and continued to make the same choice day after day after day after day until he was found and arrested.” Teri expressed that everyone involved in law enforcement from the officers to the victim advocates did an exemplary job. “They were dedicated, committed, professional, and very responsive.” Throughout the investigation, Douglas County Sheriff Tony Spurlock, along with other detectives, personally visited Teri to give her and her family status updates.

Bryan contacted Hottman Law Office on the recommendation of a fellow cyclist who had met Megan in Albuquerque at a bike race. Our office took the case and worked quickly and diligently to support the Vogel family in the criminal case and to represent their interests in the civil matter. HLO staff stayed in the office late working with Teri in Colorado and Lisa in Utah via phone signing and sending documents back and forth on July 16, 2019, the day Dorris was transported back to Colorado. The next day, Megan met Teri in Douglas County at 8:30 a.m. to support her during the bail hearing. “The expertise, support, guidance, and counsel for maneuvering this process started then and continues to this day. It has been more than we ever could have anticipated,” said Teri.

Dorris pled guilty on February 25 to three charges. They included: 

1.    Leaving the scene of an accident involving death, a Class 3 felony

2.    Vehicular Homicide – Reckless driving A Class 4 felony

3.    Careless Driving – Vulnerable Road User, Serious Bodily Injury.

The sentencing hearing for Dorris took place on August 28, 2020 in Douglas County District Court. Due to COVID-19 restrictions, the total number of people in the courtroom was limited, however, Teri, Bryan, Lisa, and baby Charlie were in attendance. In addition, numerous friends, community members, and mentees testified both in person and virtually to show how Chuck’s death had impacted their lives. At one point, over 100 people were present online to watch the hearing. Teri believes that the turnout made an impression on Judge Theresa Slade.

Chief Deputy District Attorney John Kellner asked for the maximum sentence of 18 years stating that Dorris never braked, slowed down, swerved, or turned back. He went on to say that Dorris was not speeding and could see 310 feet ahead.  “He stole the life from Chuck Vogel and deprived Mr. Vogel’s family and his community of many years of his contributions,” said Kellner.

“So much was taken from our family. We get no second chances.  The driver needed to be made accountable,” said Teri.

Judge Slade sentenced Dorris to the maximum of 18 years.  Surprisingly, this was the first time in Colorado history that a driver received the maximum sentence for hitting and killing a cyclist.

“The prison sentence of 18 years is the maximum sentence allowed by law for his offenses, so this was the best possible ruling,” wrote Teri in an email sent out after the sentencing hearing. “We are very fortunate to have had DAs that prosecuted for the highest sentence term and a Judge who actually sentenced him to the maximum term. Sadly, this has not been the case here in Colorado when it comes to hit and runs and cyclist injuries caused by motorists.  It is great that the Judge saw this for the crime it was, not an accident.  This sends a huge message and hopefully it not only sets a standard in the legal community, but lets motorists know that crimes against vulnerable road users will be taken seriously. If a motorist leaves the scene, they will be prosecuted fully for the crime.”

As part of his conviction, Dorris will be required to serve three years of parole after serving his sentence.  Typically, he would be eligible for parole when he has served half his sentence, but that is highly unlikely according to the Judge considering his extensive criminal history. 

“This sentence sends a message to everyone who drives — Motorists watching the news may see this (story) in passing and may hear that this gentleman just received the maximum...and that’s impactful. No one wants to do 18 years in the DOC... ”

— Megan Hottman

The Vogel family feels that there has been some resolution in knowing that the best possible outcome was achieved for the worst circumstances. 

Since Chuck’s death, Teri has been a champion of making cycling safer and increasing motorist awareness. “There has to be a greater good that comes from this. We have to move beyond this tragedy,” she said. At her husband’s ghost bike dedication in August of 2019, Teri reminded drivers that they need to look out for cyclists and pedestrians, and to stop driving distracted. Teri is determined to send a message to motorists that they will be held accountable and responsible for injuring or killing cyclists. She wants to see Colorado laws changed and has been a strong voice for those changes to take place. 

This year, Teri testified in favor of SB-061, the bike lane bill, in front of both the Colorado Senate and House Judiciary Committees. She has been advocating for “Share The Road” and “3-Foot Law” signs to be placed in Douglas County. Teri emphasized that she and her family will work with any organization to get the word out that changes have to take place to make cycling safer and increase motorist awareness.

Bicycle Colorado has set up a fund in Chuck’s memory. Funds will go towards making Colorado a safer place to ride. Bicycle Colorado works to improve road infrastructure, educating both cyclists and motorists and working on legislation to make cycling safer for all Colorado residents.

For media coverage about this case, please visit the following links: 

Cyclist's family reflects after driver who killed him got maximum sentence

Man charged in hit-and-run that killed cyclist

Judge Sentences Man Who Killed Cyclist Chuck Vogel In Hit & Run To Maximum 18 Years 

Driver in hit-and-run crash that killed Parker cyclist sentenced to 18 years

Man sentenced to 18-year prison term for striking, killing Parker cyclist, then fleeing

‘Stop & Think’: Ghost Bike Dedicated For Parker Man Killed

Arrest made in hit-and-run death of Edward 'Chuck' Vogel

Cyclist Shares Valuable Insight Following Collision

“Bikes for me bring unfettered joy and energy to my life. Over the last three months during my surgery and radiation treatment, if I can even only get out for 30 minutes I find myself renewed and optimistic. If I was a doctor I would write you a script to get out and ride every day.” — Jay

It has been more than two years since Jay Middleton was seriously injured in a collision while riding his bike in Morrison, CO, but he is still recovering from his injuries. Jay is dealing with chronic knee pain and recently received a three-week course of injections to treat the pain. Cyclists who have been injured in collisions often deal with the after effects of their injuries long after their case is settled, the driver is sentenced, or their medical treatment ends. If Jay wants to continue to lead a healthy, active, outdoor lifestyle, he will probably have to get injections the rest of his life.

Riding bikes has been a huge part of Jay’s life and identity for the last 25 years. He has raced on the road, mountain bikes, and cyclocross. He is an avid bikepacker, bike commuter, mountain biker, and has recently been using his bike to raise money for cancer and COVID research. This year, Jay was diagnosed with neck and oral cancer and continued to ride his bike throughout radiation treatment.

On July 13, 2018, Jay was traveling eastbound through downtown Morrison on his road bike. It was late morning, around 10:00 am, sunny, and there were blue skies. Jay was running both front and rear flashing lights on his bike and wearing a fluorescent yellow helmet. Nervous about riding too far to the right, Jay had taken the lane, as dooring is a risk by drivers who are parallel parked along that section of road. He was traveling at the same rate of traffic which was 20-25 mph.

A driver in a Honda CRV facing eastbound was leaving a parallel parking spot and made an illegal U-turn out of the parking spot. The driver’s U-turn cut Jay off causing him to collide with the front left side of the vehicle. Jay and his bike were catapulted over the hood of the car and into oncoming traffic in the left lane. 

Fortunately, the driver coming in the opposite direction was attentive and traveling at a safe speed. She was able to stop and avoided hitting Jay. She then called 911.

Paramedics tended to Jay at the scene. He had lacerations on his knees, hands, and elbows as well as bruising. An MRI later revealed that Jay had a torn meniscus in his right knee. He underwent several months of physical therapy for his knee before he and his orthopedist decided that surgery would be the best way to correct the damage. 

The Colorado State Patrol cited the driver, who admitted fault at the scene, with Failing to Yield Right-of-Way When Turning Left in Front of Approaching Traffic. Since this crash happened before May 29, 2019, it was not yet possible for law enforcement to cite the driver with Colorado Revised Statute 42-4-1402.5, which makes careless driving causing serious bodily injury to a vulnerable road user a class 1 traffic misdemeanor. Since the passing of the law in early 2019, we are slowly seeing law enforcement cite drivers with this traffic violation more often and district attorney offices elevating charges against drivers.  Find out here how to get a serious bodily injury charge filed. 

Jay does not feel that the outcome of the criminal case against the driver was just and fair. The driver had numerous traffic violations and got away with a slap on the wrist.  “Cars can be lethal weapons and using one comes with great responsibility.  When misused by drivers, they should be treated and punished as such,” says Jay.

Here’s what Jay wants every cyclist to know if involved in a crash. He actually made the list shortly after his collision of things he wish he had known:

1. If possible get out of the flow of traffic. Nothing worse than getting hit by a car and then getting run over by one.

2. Call the police.

3. Take lots of photos (your bike, the car that hit you, license plate of the car that hit you).

4. Do not admit fault.

5. Get a copy of the police report, the driver’s insurance information, and the name and phone numbers of any witnesses.

6. Get in touch with a lawyer to discuss your case. I live in the Denver area and reached out to Megan Hottman, aka The Cyclist Lawyer. Before COVID, she provided free monthly seminars for cyclists involved in collisions. Before she became my lawyer, that seminar alone armed me with information that allowed me to rightfully collect full value for my damaged property as well as alert me to several other rights I did not know I had.

7. When claiming property damage, do not forget to include sales tax. That alone netted me several hundred extra dollars because I was on a pretty pricey bike.

8. Seek medical treatment and document your injuries as well as all costs (e.g. medical, travel to and from the doctor, time taken off of work, etc.).

9. Just because you feel better, does not mean you are. I did several months of physical therapy and thought I was good to go. Snowboard season, increased miles on the bike and excessive kneeling at work revealed that my right knee wasn’t healed. So the lesson is, do not sign anything from the auto insurance company until you are 100% sure you are done with your medical treatment. You have three years to settle your case, and this is where a lawyer may prove to be very helpful.

10. Do not post anything about your wreck, your recovery, or anything that deals with your wreck on social media. Ask your friends and family to do the same. Social media content can be used in court. This means if you post something you cannot take it down, because that is just like destroying evidence.

11. Report it to your auto insurance. You often can get reimbursed for some of your medical costs from your own auto insurance even if you are not at fault.

Jay was surprised how hard the driver’s insurance company was willing to work to avoid paying out damages for medical and pain and suffering. At the end of the day, they refused to negotiate in what he felt was a reasonable manner, even though the driver admitted fault. In the end, they paid out more than double what he had asked for on his own. “Megan was able to negotiate a much higher settlement. I think the insurance company was counting on me backing down,” explains Jay.

He was back riding after just a couple of days but with great trepidation. Every car that passed too fast or too close caused anxiety and anger to flare up.  Since the collision, Jay has invested in more brightly colored cycle clothing.  He still runs front and rear flashing lights on his bike. Jay actively participates in People for Bikes email writing campaigns and is a long-time member of the International Mountain Bicycling Association.

We hope that you are never injured in a crash or need to contact an attorney, but feel it is important to share the lessons that our clients have learned following their crash and during recovery. Hopefully, recent laws that provide more protection to vulnerable road users and stiffer penalties will cause motorists to drive more carefully around cyclists! 

-Written by Maureen

Jefferson County Taking A Tough Stand Against Drivers Who Injure Cyclists

A collaborative blog by Hottman Law Office, Steven Lykens and the Jefferson County DA’s office

Steven Lykens—husband, engineer, competitive cyclist—made a point of attending and speaking at the sentencing hearing of a driver who caused him serious bodily injury.  He wanted to emphasize to the court, the district attorney’s office, and to the driver that the outcome of the case mattered to him and to the cycling community as a whole. 

On May 16, 2019, Steven addressed Jefferson County Court Judge Mark Randall and asked him to order 200 hours of community service as part of the driver’s sentencing. Considering the time that he spent in the hospital, at appointments with doctors, as well as time spent working to heal his injuries, Steven felt 200 hours was fair.

The driver, Miranda Lewin, was sentenced to 120 hours of community service to be completed in 120 days on the charge of careless driving. Her public defender argued for fewer hours, but Judge Randall did not back down. In fact, he told Lewin she is a terrible driver based on her previous (and subsequent) traffic convictions and warned her that she would be back in court if she did not serve her community service. Judge Randall reminded Lewin that drivers have a responsibility to their community, including cyclists. 

Lewin, who was 20 years old at the time of the collision with Steven, was previously convicted of driving a vehicle while impaired by alcohol/drugs in 2016, careless driving, and operating a motor vehicle as a minor driver with an unauthorized passenger in 2014. Her driver's license was revoked in 2016 due to the alcohol offense, but it had been reinstated prior to this collision.

On the morning of September 2, 2018, Steven was riding in a bike lane in Lakewood when Lewin turned right, directly in front of him, into a 7-11 parking lot. Steven collided with Lewin’s vehicle and was thrown from his bicycle, landing in the 7-11 parking lot. He was unable to move and yelled for someone to call 911. Lewin remained at the scene and was later cited by Lakewood Police for careless driving causing bodily injury. Steven considers himself “lucky” that he went over the hood of the vehicle instead of under it or into oncoming traffic.

He was transported by ambulance to St. Anthony’s Hospital with lacerations to his right ankle and right elbow, road rash, and an abrasion to his right cheek. Officer Barefoot of the Lakewood Police Department, who responded to the scene, was advised by the emergency room doctor that Steven had sustained a lumbar spine fracture.

As a result, Steven was in a back brace for eight weeks. He now suffers from permanent scoliosis from two fractured vertebrae and is one inch shorter than before the crash. His life and physical body are forever altered, and he is in constant pain. The collision has altered his mental state as well. Driving and cycling are still difficult for him, and he is worried it could happen again. 

During the sentencing hearing, Steven also thanked the Lakewood Police Department, the Jefferson County DA, and the court for holding drivers accountable when cyclists are injured. Often cases involving bodily injury are pled down to minor infractions, leaving victims to feel doubly wronged. 

The Jefferson County DA’s office did a fantastic job handling this case. Jefferson County DA Pete Weir wants the driving public to recognize their obligation to share the road with cyclists.

“We take these cases of careless driving with injury involving cyclists very seriously and treat the victims with the same respect and dignity we treat victims who are covered under Colorado’s Victims’ Rights Amendment (VRA) which protects the rights of victims in violent crimes. Often these injuries are life-changing for victims and their families, and we do everything we can to help them through the criminal justice process.”

— - Pete Weir, Jefferson County DA

In Jefferson County, careless driving/cycling cases causing serious bodily injury are generally treated as VRA cases by the DA’s office, thereby involving the victims throughout the process. Deputy DA Kate Rhodes, who handled this case, believes that the appropriate outcome was reached, and justice was served. 

Steven shown with Deputy DA Kate Rhodes (L), Megan Hottman, and Tracy Drake (R)

“My goal for this case was to get the defendant to realize the impact she has had on Mr. Lykens’ life and the gravity of his injuries. Mr. Lykens showed incredible patience and professionalism throughout the process.”

— Deputy DA Kate Rhodes

A newly passed law, sponsored by Senator Mike Foote of Boulder and Representative Dylan Roberts of Eagle and Routt Counties, is aimed at making Colorado’s roadways safer for vulnerable road users (VRU), including cyclists, pedestrians, construction workers, scooter riders, and peace officers. Governor Jared Polis signed SB 19-175 into law on May 29, 2019. 

Careless driving that leads to seriously injuring a VRU is now a class 1 traffic misdemeanor. Convicted drivers could face restitution and a one-year suspension of their license. Courts could require drivers to attend a driver improvement course and perform community service.

Many of Steven’s friends have been injured while riding their bikes due to the neglect of a driver of a motor vehicle. He hopes that someday cyclists can ride safely on public roads without having to worry about being injured by a driver. 

“Given the nature and extent of our clients’ injuries, I have always advocated to District Attorneys and City Attorneys that the FULL “careless driving causing SBI” charge needs to stick. NO plea deals, not when the injuries are so serious. Careless causing SBI is only a 4-point violation, with minimal fines. We need the FULL Charge in order to ask the Judge for serious community service hours, restitution, (and now with SB 19-175, for the driver’s license, as well). My request to all DAs and CAs we encounter: Be like Jeffco and Boulder DAs. Treat these cases as VRA cases and please, stop offering plea bargains. ”

— Megan Hottman, The Cyclist Lawyer

Please remember to be cautious around cyclists, or any vulnerable road user, and look for cyclists before turning—whether they are riding in a bike lane or not! 

To read more about the Jeffco DA’s office, click here.

To read more about Judge Randall, click here.