WOMAN GETS PROBATION, JAIL TIME IN ROAD DEATH

Gazette, The (Colorado Springs), May 3, 2008 by DENNIS HUSPENI

A Colorado Springs woman was sentenced to 90 days in jail and four years' probation Friday for driving into and killing a bicyclist in October.

Jeannie L. Rhoades, 43, pleaded guilty to a felony charge of leaving the scene of a crash resulting in death and a misdemeanor traffic offense of leaving the scene of a crash causing injury. The plea agreement called for a deferred sentence, which means that if Rhoades successfully completes her probation, the conviction will be expunged.

Rhoades had faced a charge of careless driving causing death in the Oct. 15 crash that killed James Stenson, 38, at Garden of the Gods and Forest Hill roads. But further investigation by Colorado Springs police revealed Stenson had a .229 blood alcohol content -- almost three times the legal limit for driving. Witnesses said Stenson darted into traffic and Rhoades was not able to avoid him, according to Deputy District Attorney Martha McKinney.

"If she had just stayed on scene, she would not have been charged with anything," McKinney said Friday. "She was not speeding. There was no evidence of careless driving."

Rhoades turned herself in the next day.

In a written apology to Stenson's family -- he is survived by three bothers, including a twin, and a son -- Rhoades wrote: "If I could go back in time or trade places with him I would in a minute. I'm so sorry I didn't have the courage to stay."

The agreement was reached after mediation before Senior 4th Judicial District Judge Richard Toth.

Jacqueline Smith, the mother of Stenson's 13-year-old son, said he had a problem with alcohol but that he loved life and was "kind, sweet and considerate."

She urged 4th Judicial District Judge Ronald Crowder to give Rhoades jail time.

Family members thanked the people who did stop to help Stenson that night, even though he died almost instantly.

Other terms of Rhoades' probation include:

- 200 hours of community service.

- Loss of her driver's license for at least a year.

- Alcohol and drug evaluations without testing positive for drugs or alcohol.

- A mental health evaluation and a requirement to abide by any recommendation.

- Four years without violating any law except traffic infractions of less than four points.

- A traffic safety class.

Crowder said he thought the jail time was needed so Rhoades could "understand the ramifications of a poor decision."

Family members said after the hearing that they were satisfied with the sentence.

CONTACT THE WRITER: 636-0110 or dennis.huspeni@gazette.com