After two days of emotional testimony, there’s still no sentence in the case of a woman who died while driving on Highway 133 last August. Defendant Christine Tinner, of Basalt, has pleaded guilty to careless driving, which led to the death of Indiana resident MeleynaKistner. This morning, Tinner had what was described as an emotional breakdown, after particularly strong criticism during testimony from a member of Kistner’s family. That included allegations that Tinner intentionally caused the accident in order to commit suicide.
After the breakdown, Tinner was transported to a hospital by ambulance, and court proceedings continued. Her attorney, Basalt-based lawyer Dan Shipp, presented information from the case that hadn’t been released to the victim’s family until the night before. Due to a clerical error, a long file was handed out, including a clean blood test taken from Tinner at the emergency room after the accident, as well as analysis showing Tinner had not been speeding while behind the wheel. Kistner’s family had raised questions about what information was available on both issues, particularly frustrated that Colorado law enforcement don’t automatically do a drug test on any driver involved in an accident.
Tinner had planned to ask the victims’ families for forgiveness today, according to her attorney, and he read out loud a condolence card she wanted to send the family early on. Shipp advised her not to send it, because Tinner’s insurance wouldn’t let her admit liability.
At the time of the accident, Kistner was driving with her boyfriend, Daniel Thul, who was injured and almost lost his ankle were it not for a slate of surgeries. During today’s hearing, Shipp angered members of Kistner and Thul’s families by pointing out the car they were in had bad crash test ratings. After the hearing, Thul’s mother had a heated exchange with Shipp and left the courtroom quickly.
Later in the afternoon, Judge Ely broke down crying during testimony from Meleyna Kistner's father. The judge said she expected the deceased woman to visit while Judge Ely was asleep Thursday night, and tell her what to do, but that didn’t happen. Court proceedings then took on a churchlike feel, as the Judge held hands over the bench with Kistner's and he comforted her. After discussing restorative justice, how different judges have different styles, and pointing out that judges can make mistakes, magistrate Ely said she would hold off on handing down a sentence until she could hear testimony from Tinner. A scheduling hearing is set for next Tuesday, but it’s not clear when final testimony could take place.
It’s extremely unusual for a sentencing hearing to last longer than two days. Judge Ely said she has had that happen in only one other case. The victim’s parents said after today’s hearing they’re focusing on moving forward and, in some cases, forgiveness towards Tinner. As the courtroom cleared, Meleyna Kistner's step-father, Ron Carlson, apologized to Tinner's family. Moments later his wife and MeleynaKistner’s mother, Ruth Carlson, had these words as she exited the courthouse to catch a plane. “My overall feeling is forgiveness triumphed, and all is good. We hope to honor my daughter’s death and bring change so that others are safe.”
Ruth Carlson has lobbied for new rumble strips on Highway 133 to prevent other accidents. “I really wanted to make sure we left today in more of a spirit of healing,” said Kistner’s father, Remo. “For us now it’s really more about moving forward, moving on.” He was seen clasping hands in a thoughtful moment with Tinner's brother, Daniel Drahnek, in the courtroom. Drahnek gave Aspen Public Radio this statement:
“We are appreciative of the opportunity that Judge Ely has given us, and the Kistner, family to bring to light all of the circumstances of this horrible tragedy.”
Tinner’s family says they hope for healing, comfort and justice.
