Jason Pohl

jasonpohl@coloradoan.com

A hit-and-run driver who in January suffered from a "dizzy spell" that caused her to smash her Toyota sedan into a cyclist, fatally injuring him, skirted a prison sentence but will still serve jail time, a judge ordered Wednesday afternoon.

Theresa Marie O'Connor, 28, was sentenced to 4 years of probation in addition to one year of time at the Larimer County Jail. If she qualifies, that 1-year straight jail sentence could be served on a work release program, meaning she would spend the day working and the rest of the time in custody. She must also pay $24,487 in restitution to the man's family and will pay more than $5,000 to Bike Fort Collins to advocate for safe cycling and bike awareness in the community.

She will borrow the money from her grandfather, and it will be dispersed quickly, attorneys said.

In May, O'Connor 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.

"It's a situation where you cannot have a more severe outcome...A message does need to be sent to the community," Eighth Judicial District Chief Judge Stephen Schapanski said as he imposed judgment.

Approximately 40 cyclists, many wearing jerseys and clutching their helmets, crammed onto one side of the courtroom in a show of solidarity toward the cycling community – an effort sparked largely through social media groups including Your Group Ride.

Many in the community were outraged in May when O'Connor pleaded guilty but, as part of the deal, learned she likely wouldn't serve prison time and would likely have a minimal jail sentence.

Reading a prepared statement, O'Connor repeatedly said she made a "terrible mistake" and that she wanted to help raise bicycle awareness in Northern Colorado. As part of the deal, she has agreed to be in a public service announcement video, which attorneys said will be released later this week.

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In the days after the crash, O'Connor met with authorities and Attorney Brad Allin, who specializes in DUI law. She admitted she was responsible for the crash, and investigators later impounded her silver 2003 Toyota Camry, which, according to her arrest affidavit, had remained in her garage since the crash.

Allin stressed that O'Connor had been diagnosed with a rare medical condition – Chronic Subjective Dizziness – that can be exacerbated after childbirth and brought on during times of stress, leading to dizzy spells. Allin said she had recently started a new job, raising her stress level and prompting the condition to hit as she turned onto the frontage road.

That's what led to the crash that day, leading her to "panic" and flee the scene, he said Wednesday.

"I wish I would have made the decision to stop," O'Connor said Wednesday. "I knew in my heart the right thing to do was to turn myself in."

As was previously reported, the District Attorney's Office and O'Connor's lawyer struck a deal that would keep the woman out of the Colorado Department of Corrections, opting instead to minimize the impact a sentence would have on her young daughter.

O'Connor has 14 days before she must report and be taken into custody. She and her attorney declined to speak to reporters outside of the courtroom.

Wiedenbrug's brothers live in Germany and could not attend the hearing. Instead, they produced a video explaining how intelligent and thoughtful the engineer was and how big a part he was of the community.

As part of the sentence, the woman's driver's license will also be subject to revocation and she must be cleared before it can be reinstated. Those matters will be handled by the Department of Motor Vehicles as that agency is separate from the court system.

"My main concern was that the sentencing send a message to the community that hitting a cyclist and leaving them for dead is not ok," said Dan Porter, a cycling advocate who attended, adding later that he thought the sentence was a "a little bit light."

"I think the fact that she has to live with what she did is far more harsh than what any court can do," he said. "I think she understands that. But I don't think it sends a message to other drivers."

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