ROARING FORK BROADCASTING COMPANY
Law enforcement officials are awaiting toxicology test results as part of their investigation into the death of an Aspen woman hit by an eastbound vehicle on Highway 82 on Dec. 14.
The driver of the vehicle, who allegedly initially left the scene of the accident, told authorities she consumed four medicine cups of NyQuil within three hours of the crash, according to court records. Police did not detain or arrest the woman, but they questioned her about the crash, Assistant Police Chief Bill Linn said on Tuesday. The woman has not been charged criminally, either.
“We did work with the driver for a number of hours, for several hours,” Linn said.
According to a statement of facts given by Aspen Police investigator Ritchie Zah — used as a supporting document for an application seeking a blood search warrant — the woman refused to participate in voluntary standard field sobriety tests or take a preliminary breath test. Because she would not submit to the tests, Zah received a judge’s authorization for a search warrant as a court order requiring the woman to submit to blood draws.
Based on the search warrant, two vials of blood were to be intravenously drawn in three one-hour intervals, for a maximum of six vials. The action was needed to “assist in determining the likely blood alcohol or drug content at the time of the collision by establishing the suspect’s metabolic rate,” said the blood search warrant. “The collection of blood shall be completed by the Colorado Department of Public Health and Environment guidelines and shall be completed by a qualified person.”
Zah’s statement noted the urgency to draw blood.
“I believe that the blood in (the driver’s) body is evidence of driving under the influence of intoxicating liquor and or drugs. … Further, I believe that it is necessary to obtain this evidence immediately as the evidence requested of a perishable nature and a time delay would render it useless for the investigation of driving under the influence of alcohol and or drugs.”
Authorities are also awaiting results from the toxicology test that was part of the autopsy performed on Sabatka, who was 33 years old and lived at Aspen Country Inn, which is near the location where she was struck.
Turnaround time for a toxicology analysis, done by a forensic lab, is not instant. The 2021 Toxicology Laboratory Survey Report, administered by the Diversion Control Division of the Drug Enforcement Division, said the average turnaround time was 33.3 days from government labs and less than five days from private labs. Turnaround times can vary based on factors such as the number of drugs detected to staffing levels.
“We really do understand the public interest in getting an outcome in this, but of course, we don’t get a more serious case than a fatality like this, so we are being thorough,” Linn said, “and we want to be sure we have all the facts at our disposal before we make any kind of decision.”
Linn declined to talk about any potential criminal charges against the woman.
Fleeing the scene of an accident, regardless of such aggravating factors as alcohol and drugs, is a crime in Colorado, where drivers must report the crash to police and call for emergency aid if needed. A class 3 felony hit-and-run offense applies when at least one fatality occurs. Severe injuries to at least one victim of a hit-and-run is a class 5 felony.
Based on the blood-search-warrant documents, about 30 minutes after first responders and police arrived at the scene and were collecting evidence, the 20-year-old driver of the vehicle arrived.
According to Zah’s statement, based on police interviews, the driver “admitted to driving and striking a shadowy dark figure in the road at the location of the crash. (The driver) swerved after the impact and stopped nearby. Not seeing anything, she left the scene. (The driver) called her boyfriend … to tell him what happened. (The driver) picked up (her boyfriend) in town. Upon leaving town, she saw law enforcement at the scene of the crash, so she stopped to advise what had happened. (The driver’s) vehicle had damage consistent with striking something on its front end. (The driver) denied having consumed any alcohol but admitted to drinking 4 full medicine cups of NyQuil in the last 3 hours.”
Linn said authorities do not consider the woman a flight risk; she lives in the Roaring Fork Valley.
“I can say that the driver has been cooperative with us,” he said.
The Colorado State Patrol is aiding in the investigation, Linn said, by providing diagrams with detailed measurements related to the crash.
“We want to do the right thing for everybody involved and we’re just not rushing into this,” Linn said. “We want to make sure we’re doing the right thing. We want all of the facts to make the appropriately educated decision.”
The woman’s body was initially discovered by a Pitkin County sheriff’s deputy in the area who saw her lying on the highway median. The woman was transported to Aspen Valley Hospital where she was pronounced dead.