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Editor's note: This story has been updated from its original version.
The driver of a vehicle that struck and killed a pedestrian on Highway 82 faces felony offenses of hit-and-run and evidence tampering after results from a blood test showed no evidence of alcohol or illicit drugs in her system around the time of the Dec. 14 accident.
Andrea Eloiza Contreras Canales, 21, of Glenwood Springs, was behind the wheel of a Jeep Patriot eastbound toward Aspen on a Saturday night when the small SUV hit Lisa Sabatka, who was on foot, at approximately 10:51. Sabatka had a blood-alcohol level of 0.286% at the time of her death, according to a news release issued Wednesday by the Aspen Police Department. In Colorado, the legal limit for driving under the influence is a blood-alcohol content 0.08%, while motorists with a BAC of 0.05% or higher can be charged with driving while ability impaired.
“The investigation showed that Contreras Canales did not cause the crash but faces charges for her actions after the incident,” the release says.
A warrant for her arrest, signed by Judge Laura Makar on Wednesday, set bond at $10,000. As of 8:38 p.m. Wednesday, Contreras had not been booked into Pitkin County Jail, a jail deputy said. There was no record of her being booked into Garfield County Jail in Glenwood Springs.
Contreras Canales allegedly drove away from the scene — located in the area of the Aspen Country Inn complex where Sabatka resided — to Aspen to pick up her boyfriend.
In the meantime, “Sabatka was lying unconscious in the center median turn lane when Aspen Fire Department firefighters, responding to an unrelated structure fire, found Sabatka’s body lying in the paved median. An ambulance and police officers were sent to the scene, and Sabatka was transported to Aspen Valley Hospital,” says the APD’s release.
At the hospital, Sabatka was pronounced dead at 11:20 p.m., authorities said. She was 33.
Authorities announced Wednesday that the driver of the vehicle that struck and killed a pedestrian on Highway 82 will be charged with a class 3 felony hit-and-run resulting in death. Lisa Sabatka, pictured, died on Dec. 14 after she was struck by a vehicle driven by Andrea Eloiza Contreras Canales, 21, of Glenwood Springs. Police say Contreras Canales left the scene of the accident and returned on her way home. Courtesy photo
Courtesy photo
“While officers were on scene investigating the crash, at about 12:04 a.m. on Dec. 15, Contreras Canales returned to the scene, accompanied by a male party whom Contreras Canales had picked up in Aspen, after the crash. She was cooperative with the investigation,” the news release says.
Contreras Canales told police she initially stopped after the collision but believed she had struck an animal, based on a sworn statement of facts written by Aspen Police investigator Ritchie Zah. The affidavit accompanied warrants to both forcibly draw blood and submit the blood from Canales for testing for alcohol and drugs. Contreras Canales refused to submit to any roadside procedures, the affidavit says.
“Approximately half an hour later, whilst officers were processing the scene for evidence, they were approached by a female, later identified as Andrea Eloiza Contreras Canales,” says the affidavit. (The affidavit says she arrived 30 minutes after the crash as opposed to the press release, which indicates it was more than one hour later.)
Aspen Police Officer Sarah Freihon, as relayed through the affidavit, said the driver “admitted to driving and striking a shadowy dark figure in the road at the location of the crash. Contreras Canales swerved after the impact and stopped nearby. Not seeing anything, she left the scene. Contreras Canales called her boyfriend … to tell him what happened. Contreras Canales 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. Contreras Canales’ vehicle had damage consistent with striking something on its front end. Contreras Canales denied having consumed any alcohol but admitted to drinking 4 full medicine cups of NyQuil in the last 3 hours. It should be noted that these medicine cups have demarcations lining the side to denote dosage and a full medicine cup is significantly more than a single dose. Additionally, NyQuil contains dextromethorphan which is an analgesic. Contreras Canales admitted to feeling drowsy. Contreras Canales refused to participate in voluntary standard field sobriety tests. Contreras Canales refused a preliminary breath test.”
The APD received results of the blood analysis from the Colorado Bureau of Investigation on March 5, the release says.
“It established that Contreras Canales was not under the influence of intoxicating substances,” the release says. “The investigation also found that speed was not a factor in the crash, there was no indication of distracted driving based on the evaluation of cell phone data, and Sabatka was last observed exiting a bus that was headed eastbound, towards Aspen, on Highway 82 near her residence.
Fleeing the scene of an accident is a crime in Colorado, which requires drivers to report a 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, making the charge applicable in the Dec. 14 tragedy. A conviction is punishable with four to 12 years in prison and a fine up to $750,000.
A conviction for class 6 evidence tampering carries a prison sentence of one year to 18 months and a maximum $100,000 fine. According to an affidavit for an arrest warrant written by Aspen Police Officer Lauren Turner, text messages initiated from Contreras Canales’ cellphone at 10:51 p.m. and 12:04 a.m. were deleted. The sent messages also were deleted from the recipients’ cellphones, the affidavit says.
The toxicology report showed no signs of alcohol, illicit drugs or prescription medicine in her system. “It is unclear to me why Contreras Canales indicated previously to have consumed NyQuil, but it was tested for and not found,” the affidavit said.
In a statement, APD Chief Kim Ferber said: “Our team conducted a thorough investigation to bring this case to a proper conclusion. In complex crash investigations it is critical that we have a complete picture of what happened, rather than rushing to quick judgement. We have conducted a thorough investigation and are ready to proceed.”
According to a victim-impact statement submitted to Deputy District Attorney James Stone, Sabatka’s mother did not ask for jail time, but she said "something should be done.”
“The coroner told us there were glass fragments in the back of Lisa’s head,” said the statement from Sharon Sabatka, of Ohio. “She was hit on her left leg below the knee, and was flipped onto the car, her head hit the front windshield, and she was thrown into the median. There is no way that Andrea did not know what happened. If a person’s head hit your front windshield and broke it, you would know what it was. Andrea should have had more compassion, and stopped to see if she could help the person she just hit.”
“Andrea would have never admitted to hitting Lisa, but she was driving back home after picking up her boyfriend. The road was closed due to the accident. Andrea walked up to see what had happened. The Police are smart and wondered why someone would be so interested in what happened to actually leave their car and walk up to the scene. The Police then wanted to question Andrea more, and escorted her back to her car saw the front windshield was cracked and the car was dented.Then only after being questioned by the Police as to what happened to her car, Andrea then admitted to hitting something on the road. If the Police did not notice this suspicious behavior, Andrea would have just drove back home as if nothing ever happened.”
The mother’s statement closed by urging officials “to look into making the bus stop on (Highway) 82 safer for pedestrians. They should reduce the speed limit back to 35 mph, put a crosswalk closer to the bus stop, or maybe an underground passage, and add more lights. We can only hope something changes so another family does not have to go through the pain of losing a loved one so suddenly.”
According to the news release, forensic pathologist Dr. Robert Kurtzman found the manner of death as “accident,” and the interval between the crash and death was “minutes” caused by “multiple blunt force injuries.”