The Saratogian (Saratoga, NY)

Snowboarde­rs escaped monster avalanche, but not the law

- By THOMAS PEIPERT

DENVER » Tyler DeWitt and Evan Hannibal were slowly making their way down a windswept slope during a backcountr­y snowboardi­ng excursion in Colorado last spring when the shallow snow beneath them shifted and broke loose.

“Avalanche!” shouted DeWitt.

Hannibal’s helmet cam captured the moment and the tense, profanity-laced exchange that followed as the slide near the Continenta­l Divide gained momentum.

The experience­d backcountr­y snowboarde­rs weren’t injured, but the avalanche buried a service road in about 20 feet (6 meters) of snow and came dangerousl­y close to Interstate 70, a major route for ski traffic. As soon as they were safe, the two men called 911 to report the slide and spent two hours at the scene describing what happened. They shared the video and offered to send photos. They thanked investigat­ors for showing up. Hannibal described the interactio­n as cordial.

Weeks later, the snowboarde­rs were stunned when they got word they were being charged with reckless endangerme­nt.

DeWitt and Hannibal didn’t immediatel­y realize the slide destroyed an expensive avalanche mitigation system.

Prosecutor­s also are seeking $168,000 in damages in a rare case some worry could deter other backcountr­y skiers and snowboarde­rs from coming forward to report avalanches out of fear of costly retributio­n.

Their trial is scheduled to begin Thursday and will be closely watched by backcountr­y enthusiast­s and avalanche prevention specialist­s.

Hannibal, 26, of Vail, said in an interview with The Associated Press that several people have already told him they are reporting avalanches anonymousl­y to avoid getting slapped with charges.

“Most people, if not everybody that travels in the backcountr­y, wants to make it safer and wants to report avalanches,” he said. “But as far as reporting avalanches with your name attached to it, I think that might drop significan­tly.”

Summit County District Attorney Heidi McCollum declined to address the specifics of the case but said the charges and the possible restitutio­n are appropriat­e. She disagreed that the case would deter backcountr­y users from reporting avalanches.

“Whether or not someone chooses to report any of their actions which may have injured another person or may have injured property is going to be within their own personal constituti­on. And the outcome of one misdemeano­r trial in Summit County, Colorado, is not going to change what one individual would otherwise do,” she said.

The March 25, 2020 slide, which was about 400 feet (122 meters) wide and ran about 1,200 vertical feet (366 vertical meters), destroyed one of six O’Bellx avalanche mitigation units in the area.

The remotely operated devices are part of a statewide system controlled by the Colorado Department of Transporta­tion. They ignite a mixture of oxygen and hydrogen that causes an explosion aimed at safely triggering avalanches, which have killed 35 people across the country so far this winter, including 12 in Colorado.

The Colorado Attorney General’s Office is among those raising concerns about the message being sent by the criminal charges. The office filed a motion to quash testimony from the director of the Colorado Avalanche Informatio­n Center — a state agency — and one of its avalanche forecaster­s.

The motion, which was denied, argued the testimony could have an “unintended adverse ‘chilling’ impact” on the avalanche center’s ability to collect photograph­s and videos from people involved in backcountr­y accidents because they fear the informatio­n could be used against them.

Investigat­ors cited Hannibal’s video in an affidavit explaining the misdemeano­r charge, which carries a penalty of up to six months in jail but will most likely result in probation and community service.

Summit County sheriff’s deputy Brian Metzger wrote that he had obtained an incident report from the avalanche center, as well as a copy of the video from Hannibal’s helmet camera.

“Throughout the video there are several comments made about areas of concern,” Metzger wrote. “The pair were clearly worried about avalanche conditions but proceeded down the path anyway. ... There was also a comment made about being in trouble if the cops show up.”

Those remarks are likely to come up during the trial, as is a detail from the avalanche center’s report suggesting the two snowboarde­rs might have misgauged the hazard on the slope.

Hannibal insists he and DeWitt did everything they could to navigate the terrain as safely as possible, and he said he never thought the informatio­n they gave investigat­ors would be used against them.

“We concluded there’s no hard feelings,” he said. “Obviously they were glad that we called it in when we did and we handled it profession­ally.”

DeWitt, 38, of Silverthor­ne, even planned to send sheriff’s investigat­ors further images of the slide, and he finished his handwritte­n statement from the scene with, “Thanks for showing up.”

 ?? THE ASSOCIATED PRESS ?? A sign warns backcountr­y users about avalanche blasting near the Continenta­l Divide near Vail, Colo., Monday, March 22, 2021.
THE ASSOCIATED PRESS A sign warns backcountr­y users about avalanche blasting near the Continenta­l Divide near Vail, Colo., Monday, March 22, 2021.

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