DEER TRAIL, Colo. — Prosecutors will not charge the driver who in June struck and killed a Colorado State Patrol (CSP) trooper who was investigating a crash on Interstate 70 near Deer Trail.
"The right thing to do is sometimes not easy or obvious," said George Brauchler, District Attorney for the 18th Judicial District. "I don't think anybody in that room as we went over this case believed we had a good faith basis to accuse this driver of a crime."
Trooper William Moden, 37, was standing in the left traffic lane of traffic documenting evidence when he was struck by a Ford F-250 at around 9:40 p.m on June 14, CSP Colonel Matthew Packard said Thursday.
At the time, Moden was investigating an earlier rollover crash on eastbound I-70 in the area where multiple people were ejected. He was a part of the vehicular crimes unit and was regularly called for this type of crash.
During the crash, Packard said Moden’s patrol car was parked on the right shoulder of the highway in addition to another trooper’s patrol vehicle.
The driver of the truck saw the activity on the right and moved over into the left lane as he was required to do and saw Moden just moments before he was struck, Packard said.
"In our conversations with him [the driver] he said that he was paying attention to those patrol cars and looking for any potential foot traffic there," Packard said.
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Moden was thrown into the center lane, and another trooper immediately began performing life-saving aid after he was hit, Packard said, and emergency medical services rushed to the scene. Moden was pronounced dead at the hospital an hour later.
The driver who hit Moden, only identified as a 58-year-old Colorado man, immediately stopped, Packard said. The driver voluntarily submitted to a blood draw and turned over his cell phone.
Tests showed no evidence of impairment, according to CSP. There was also no evidence showing that the man was using his cellphone at the time of the crash. Accident reconstructions showed he was traveling at or below the speed limit, Packard said.
"Trooper Moden was wearing an issued Colorado State Patrol uniform and on his upper body he had on a reflective vest, " said Packard.
"I think one of the things that came out of this, that we're looking at now is, I think members of our organization felt a sense of comfort that they were exceptionally visible with that vest on and what we learned is they're not as visible as we would have hoped."
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Packard described Moden as an “incredible asset to this organization” who dedicated his life to public service.
Moden is survived by his wife Amy and a large family. His memorial service on June 19 began with covers of the classic rock songs he loved, including Kenny Loggins’ “Danger Zone” and “Don’t Stop Believin’.”
It was followed by recollections of the people who knew him. His sister in law, Emily Russell, described his loud laugh and infectious personality. She described how, when her father died, Moden stood at his casket and made a vow.
“He said ‘don’t worry, dad. I’ll take care of those three girls,” Russell said, fighting back tears. “That moment, Will became our knight in shining armor.”
Russell said she wanted Moden to go out the way he lived: with joy.
“Will wanted us to go on laughing and celebrating things in life,” she said. “… and for his love of family guy, I will end with this: Giggity.”
This same word was later repeated by the hundreds of family, friends and strangers who came to Denver First Church to celebrate Moden’s life.
He was posthumously selected to receive the honorary rank of “master trooper,” which denotes “leadership, strength of character, and as an individual worth emulating among our membership.”
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