When a Mistake Becomes a Crime with District Attorney John Walsh
After a deadly crash, families often expect the person responsible to face serious criminal charges. The reality can be more complicated. In this episode of Unthinkable, Kyle Bachus talks with Denver District Attorney John Walsh, a former U.S. Attorney for Colorado, about how prosecutors decide whether to file charges and what those charges look like.
From Federal Prosecutor to Denver DA
Walsh served as a federal prosecutor in Los Angeles and later as U.S. Attorney for Colorado before being elected Denver District Attorney. He leads an office of about 300 people, including prosecutors, investigators, and around 35 victim advocates who help families understand a complex and often frustrating legal process.
Why Intent Matters So Much
The same tragic outcome can lead to very different charges depending on the driver’s state of mind. A momentary careless mistake may result in a minor charge or none at all. Colorado recently created a felony for very careless driving that causes a death, known as the Magnus White Act. Reckless driving and drunk driving that kill someone can lead to vehicular homicide charges, and using a car as a weapon can be charged as murder. Prosecutors must believe they can prove every element beyond a reasonable doubt to a jury before filing.
Walsh acknowledges these are some of the most emotionally difficult cases his office handles, because a charge that fits the evidence may not feel like justice to a grieving family. That’s one reason the civil justice system exists alongside the criminal one.
Two Important Safety Messages
- Don’t engage with road rage. Too many minor traffic disputes end in shootings. Get away and find a safe place to stop.
- Never leave the scene. In Colorado, leaving the scene of a crash involving serious injury or death is a serious felony, even if the crash itself might not have led to charges.
How Charges Are Filed
Police investigate, but the district attorney’s office decides the charges, usually within a few days of an arrest. Most state cases then go to a preliminary hearing before a judge. A grand jury, made up of ordinary citizens selected through jury summonses, is used for a smaller number of complex cases.
Key Takeaways
- Criminal charges after a crash depend heavily on what can be proven about the driver’s state of mind.
- Victim advocates are there to help families understand each step.
- Video from homes, dash cams, and vehicles now captures many crashes.
Ways to Listen
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