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John Daley ReportingAt the urging of the victim's family, the woman convicted of hitting and killing bicyclist Josie Johnson with her SUV will do no jail time. Instead, a judge sentenced Betsy Deseelhorst to probation and home confinement.
It was an emotional, indeed gut-wrenching, day for the participants in this case, a day in which the focus returned to Josie Johnson.
Josie Johnson was on her bike when an SUV hit her from behind, killing her. Today a court weighs the penalty for Betsy Deseelhorst, wife of the owner of Solitude Ski Resort, convicted of negligent homicide in Johnson's death.
In an account written at the scene, DeSeelhorst said she was steering around the bicyclist when Johnson swerved in front of her vehicle.
But during trial she testified she didn't notice Johnson until the bicyclist was flung onto her windshield. A neurologist testified DeSeelhorst has had a history of strokes and may have suffered a mini-seizure just before accident.
The charge of negligent homicide is a class A misdemeanor punishable by up to a year in jail.
In court it was a mix of grief and forgiveness. Betsy Deseelhorst turned to the Johnson family and acknowledged the greatest pain parents could feel is the death of a child. She said, "I'm so sorry for what has occurred and I know I'm responsible. I feel your sorrow."
Richard Van Wagoner, Attorney for Betsy Deseelhorst: "There's a huge sense of relief, not because of what the court did, but because of what the Johnson's did."
Richard Johnson, Josie Johnson's Father: "There was depth of feeling by Mrs. Deseelhorst that was a nice expression of her apology. It was very well said. It was said many times in many ways, she did very well and we felt it and we appreciate it."
Ken Johnson, Josie Johnson's Brother: "I was very happy to hear what I thought was a sincere apology from Betsy Deseelhorst and the rest of her family. That was a very positive experience."
Richard Johnson, Josie Johnson's Father: "The larger message is that Josie lives on."
Elizabeth DeSeelhorst will spend 180 days confined to her home with an ankle monitor. She was also sentenced to three years' probation, with conditions that include payment of fines, no driving and 320 hours of community service -- performed with bicycle safety and education if possible.
Third District Judge Royal Hansen also ordered DeSeelhorst to pay $4,625 in fines and $18,105 to the family of Josie Johnson.
Johnson's father told us a civil lawsuit is still possible.
(Associated Press Contributed to this Report.)
