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Hit-and-run driver who fatally injured cyclist pleads guilty

Jason Pohl
Theresa O’Connor

A Fort Collins woman who in January slammed her car into a cyclist, fatally injuring him, and then fled pleaded guilty on Wednesday to leaving the scene of the crash, but she may not be forced to serve time in prison, at least based on the agreement.

Theresa Marie O'Connor, 28, pleaded guilty to leaving the scene of a crash, a Class 3 felony, as well as careless driving, a Class 1 traffic offense dating back to the Jan. 25 incident involving a bicycle on the Interstate 25 frontage road near Colorado Highway 392. First responders found 46-year-old Ernesto Wiedenbrug suffering from serious injuries – he later died at Medical Center of the Rockies – but the vehicle that struck him had left the scene.

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Attorneys agreed to a sentence on both counts that did not include time behind bars within the Colorado Department of Corrections.

Eighth Judicial District Chief Judge Stephen Schapanski will determine, based on a per-sentence investigation, whether O'Connor will be put on probation or face a different community corrections-type punishment for the felony offense. If she is not deemed appropriate for probation, she could face 4 to 12 years in community corrections.

That sentence would be served at the same times as the careless driving resulting in death punishment, which carries with it a possible 1-year term in the Larimer County Jail. In explaining the background of the careless driving plea, O'Connor's attorney said she suffered from a "medical condition" that caused her to "become dizzy." That should have prompted her to pull over, but she kept driving, and that's when the crash occurred.

A judge will determine her specific sentence on July 2.

O'Connor did not speak during the disposition hearing, other than answering the judge's direct questions. Her voice wavered when she entered the guilty pleas while her family and supporters watched and comforted one another.

In the days after the crash, O'Connor met with authorities and her attorney and admitted she was responsible for the crash. Investigators later impounded her silver 2003 Toyota Camry, which, according to her arrest affidavit, had remained in her garage since the crash.

Rick Price, Bike Co-Op safe cycling coordinator attended several of O'Connor's court proceedings. An advocate for safe cycling in Fort Collins and across the country, he said he was disappointed, frustrated and even surprised to hear there likely wouldn't be a prison sentence, especially since she didn't just hit the cyclist but then fled the scene for days.

CSP Troopers Chad Kissler, left, and Ben Simpson reconstruct the scene of a fatal car versus bicyclist hit-and-run accident on the Interstate 25 frontage road near Colorado Highway 392 outside of Windsor on Jan. 26, 2014. Ernesto Wiedenbrug, 46, of Fort Collins, was found with serious injuries by Troopers and transported to Medical Center of the Rockies in Loveland where he died at the hospital.

"That's just incomprehensible and completely unacceptable," Price said outside the courtroom on Wednesday. Advocates across the country are becoming "extraordinarily" frustrated by a "legacy of minimal sentences" when it comes to punishing motorists who hit cyclists, he added.

O'Connor on Feb. 6 turned herself in to the Larimer County Jail and has since been out on bond.

Jason Pohl covers breaking news for the Coloradoan. Follow him on Twitter: @pohl_jason