The driver of a car that struck and killed cyclist phenom Magnus White, a member of the United States national team, will face vehicular homicide charges, a district attorney announced Wednesday.   

A district court judge authorized the felony charge against Yeva Smilianska, 23, of Westminster Tuesday and she was arrested by the Longmont Police the same night, according to the office of the 20th District Attorney.

Smilianska appeared before Boulder County Judge Zachary Ilya Malkinson to be advised of the charges on Wednesday. Malkinson also set a $10,000 bond.

Smilianska is scheduled to appear for the filing of charges Friday.

Authorities said they suspect she fell asleep on the wheel. Smilianska told investigators her car’s steering wheel malfunctioned. 

“The life of Magnus White was cut tragically short,” District Attorney Michael Dougherty said in the news release. “His death is devastating for his family, friends, and the cycling community. Our office is committed to fighting for the right outcome.”

White died while training on his bicycle on July 29. Smilianksa’s Toyota Matrix struck White at the intersection of U.S. Highway 119 — the Diagonal Highway — and North 63rd Street in Boulder at 12:33 p.m., authorities said. 

Both were headed southbound on Highway 119; White was on the shoulder. The Toyota moved to the shoulder and hit the back tire of White’s Trek Émonda SL 7 bike, according to the Colorado State Patrol.

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The Toyota went off the road, down a grassy embankment and hit a fence. Investigators said they don’t suspect excessive speed, alcohol or drugs as a factor in the incident. The driver was wearing her seatbelt, and White was wearing a helmet, authorities noted. 

“It is with heavy hearts that we acknowledge the release of the criminal charge and the identification of the individual responsible for the crash that claimed the life of our 17-year old son, Magnus White, on July 29th, 2023, at 12:28 p.m.,” the White family said in a statement released Wednesday.

“Yeva Smilianska willfully and consciously chose to get behind the wheel of her car, engaging in reckless driving behavior that resulted in the fatal collision into our son Magnus, who was struck from behind and ejected from his bicycle. This devastating event occurred on a designated bike route, on a straight road with a 10’ wide shoulder, in broad daylight. We accept that the criminal charge filed against driver Yeva Smilianska is Felony of Vehicular Homicide,” the family added. 

The arrest affidavit by Senior Investigator Kristin Weisbach said Smilianska likely fell asleep at the wheel before veering on to the shoulder. Though it was not a designated bike lane, the shoulder is delineated by a solid white line, which drivers are not supposed to cross. 

Several witnesses told investigators Smilianska’s car appeared to “veering off onto the shoulder” several times before Magnus was hit and “the vehicle suddenly swerved to the right without a signal.” 

Investigators said Smilianska had worked at a Longmont bar until 2 a.m. July 29, the day of the crash. She then went to a friend’s house and sang karaoke. Her friend had to be at work at the same bar by 11:30 a.m. that day. The friend denied they drank any alcohol, investigators said. 

Witnesses, including police, who saw Smilianska shortly after the crash did not suspect she was under the influence of any alcohol or drugs. 

A cyclist who was following White told investigators the driver asked him what happened and told him “she passed out at the wheel,” according to the affidavit. 

Investigators, which included Colorado State Patrol troopers, got a hold of Smilianska’s phone and discovered the following text just minutes before the crash: “I’m falling asleep, so I’m going home.” 

“Based on the information I was able to glean, however, at the most, Smilianska was sleeping from 0606 hours until 0900 hours,” the report stated. “More than likely, she was asleep for less time, as she would have needed to find a time to lay down and go to sleep.” 

When Smilianska and her attorney, Timur Kishinevsky, met with investigators on Dec. 7, she told them her car was malfunctioning and she couldn’t control it.

A trooper had taken the car to a mechanic, who said it was mechanically sound, and test drove the car and found that it did pull to the right “if I did not provide any steering input,” authorities said.  

“Smilianska reiterated that the crash was caused by a steering malfunction, and not because she fell asleep or any other reason,” the affidavit states.

She initially told investigators the friends went to bed around 3 a.m. that morning and woke up about 11 a.m. Investigators told her of cell phone texts, videos and GPS location services that showed otherwise. 

“Smiliananska explained that since the war in Ukraine, she has not been sleeping well,” the report said, adding she explained that the “falling asleep” text meant she was “emotionally tired” and did not want to go out later that day.  

“Smilianska said that even though the crash was not her fault, she was a participant,” affidavit stated. “Smilianska said it was a huge tragedy and she feels awful and feels sorry for the boy and his family.” 

Kishinevsky could not be reached for comment. 

Magnus’ family, which thanked both the Colorado State Patrol and the Boulder County District Attorney’s office, also announced that it has founded a non-profit, THE WHITE LINE, to raise awareness of cycling safety and push for a safer biking infrastructure.