Driver involved in Silverthorne pedestrian death sentenced to jail time, community service

Driver involved in Silverthorne pedestrian death sentenced to jail time, community service

Friends of the woman who died spoke at the sentencing and said she had been an asset to the community through her charitable work

The man prosecutors charged with careless driving resulting in death after a Jan. 10 accident in Silverthorne pleaded guilty and received sentencing Tuesday, Sept. 22.

Max Gordon Miller, 47, pleaded guilty to a Class 1 misdemeanor for careless driving resulting in death. Summit County Court Judge Robert Gregory followed a sentencing recommendation agreed upon by the prosecution and defense, sentencing Miller to 15 days in jail, 12 months of probation, 200 hours of community service and a requirement to donate $500 to one of the victim’s favorite charities.

Miller apologized during the hearing to friends of Karen Fox, the 76-year-old woman from Silverthorne who was crossing Blue River Parkway at its intersection with 6th Street on Jan. 10 when she was hit by a vehicle. He expressed remorse for his actions, saying it was his choice to drive that day. He apologized to Fox’s friends, the community and to Fox herself, saying he had met her as a customer in stores where he worked. Miller said Fox knew him by name and was a great person.

“Thank you Karen for the daily kindnesses she showed me personally when I was absolutely challenged,” Miller said.

Deputy district attorney Claire Parish said Miller told police at the scene that he had a green light to turn right from 6th Street onto Blue River Parkway and did not see Fox until he completed the turn. Miller’s defense attorney, Kylie Whitaker, said Miller was not texting, speeding or driving under the influence, adding that if the accident was anything more than “an act of God,” investigators would have found a way to charge Miller with a more serious crime, like vehicular homicide.

Four of Fox’s friends spoke at the hearing while several others watched from the audience. Those who spoke talked about Fox’s caring nature and passion for charitable work. Thekla Schultz said Fox’s death was a personal loss to those who knew her, a loss for the Summit County community because of her involvement in social groups and nonprofits, and a loss to Miller and his family, who will have to face the consequences of Fox’s death for the rest of his life.

Two of those who spoke questioned if the charge and suggested sentencing were sufficient, but Whitaker said most of the letters Fox’s friends submitted as victim impact statements were empathetic and understanding toward Miller. She read excerpts where friends wrote they had “no ill will” toward Miller, understand he has had a hard time, say they think he and Fox would have been friends and hope he can live his life like how Fox lived hers.

Whitaker said Miller has been diagnosed with “complex PTSD” and will have to carry the weight of having killed someone for the rest of his life. Miller’s therapist, Drew Mikita, told the court Miller first contacted him two days after the accident and has experienced depression, anxiety, flashbacks and dreams about the incident and suicidal ideation. Mikita said Miller has done everything he has asked and has always taken accountability for the accident.

Gregory said it was clear the accident was a “terrible tragedy” and that the community lost someone who was very special and contributed to it greatly. He said no sentence he could impose would reflect the value of a human life, but he appreciated that those who knew her continue to honor her.

Whitaker said the justice system aims to rehabilitate criminals, punish them and deter future crime. Gregory reiterated the point and said the court must weigh the level of intent in a crime when determining an appropriate sentence. He said he thought the resolution the parties agreed on was as fair as possible.

Miller’s sentence includes 12 months of supervised probation, 200 hours of community service, 15 days in jail and a requirement for a $500 charitable donation. The sentence requires him to complete the community service requirement at certain organizations with which Fox was involved, although Gregory approved a request from Whitaker that there can be exceptions if the listed organizations do not have volunteer availability or do not allow people with criminal records to volunteer.

The $500 donation must be to one of the listed organizations as well, and the 15 days in jail can be served in five-day increments, Gregory said.

If Miller violates the terms of his probation in any way, he will have to appear before the court again and potentially face a resentencing with a nearly yearlong jail sentence.

Gregory said the court will not require Miller go to therapy, but he encouraged Miller to continue seeing Mikita. Gregory wished Miller good luck and thanked Fox’s friends for their attendance and efforts to honor her. He said he did not meet Fox but feels like he did.

In July, the Colorado Department of Transportation performed road striping in Silverthorne, including at the intersection of Blue River Parkway and 6th Street.

Editor’s note: This story will be updated once a mugshot is available.

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