Skier to Stand Trial in '97 Vail Death
By Deborah Frazier
Rocky Mountain News
For the first time in Colorado's long history of skiing, a court jury has been summoned to decide what is criminally reckless behavior on the slopes.
Jury selection starts Monday in Eagle County District Court in the case of Nathan Hall, charged with felony manslaughter in the 1997 death of Alan Cobb.
While other skiers have been charged with a felony in cases involving a death or serious injury, guilty pleas have kept the cases out of trial court.
"It will be the first time that a jury has had the chance to speak," said District Attorney Mike Goodbee, who represents several Colorado ski counties, including Eagle.
Hall, an expert skier who raced on a California high school team, was 18 in 1997 when he finished his shift as a lift attendant on Vail mountain, sped down the Riva Ridge run and skied off a knoll, becoming airborne, court records said.
In midair, he realized that a skier — Cobb, 33 — was below him.
Hall was unable to stop or avoid Cobb. After hitting Cobb, he traveled 83 feet farther and broke another skier's pole before he was able to stop, witnesses said.
Cobb died of severe head injuries.
Brett Heckman, Hall's defense attorney, has called the incident a "tragic accident." A county court judge and a district court judge agreed and dismissed the charges.
But Goodbee persisted. Over the next three years, he pushed for a criminal trial in the case, eventually asking the Colorado Supreme Court for a ruling.
And on April 11, 2000, the state Supreme Court ordered a trial, ruling that Hall "consciously disregarded a substantial and unjustifiable risk that he might collide with and kill another skier."
If convicted, Hall could be sentenced to up to six years in jail and fined up to $500,000.
The first criminal charges for reckless skiing were filed in 1988 in the death of an 11-year-old girl at Winter Park, but there was no trial.
Howard Hidle, 31, of Texas pleaded no contest to criminally negligent homicide. He served 30 days in jail, spent four years on probation and performed 400 hours of community service.
Dozens of other skiers have been prosecuted for inflicting serious injuries while on the slopes. In May, a nationally ranked skier pleaded guilty to second-degree assault and was sentenced to two years' probation for a 1998 crash that permanently injured a 12-year-old boy.
But Hall will be the first skier to face a jury for felony manslaughter.
"I'm shocked there was no plea," said James Chalet, a Denver attorney and nationally recognized expert in ski law.
District Court Judge David Lass, who will preside at the trial, dismissed the original criminal charge but was overturned by the state high court's decision in April.
"Lass is a very good judge who got it wrong," said Chalet, who represents injured skiers in civil cases. "He's a thoughtful guy, and both sides will have a fair trial."
A jury of Eagle County residents will make the final decision about Hall's guilt or innocence.
The county, 130 miles west of Denver, is internationally known for the Vail and Beaver Creek ski areas. It has a diverse population of ranchers, wealthy retirees, maids and waitresses, fishing and hunting guides, second-career entrepreneurs and immigrants.
"This is a community uniquely qualified to hear this case," said Goodbee. "This is a skiing community. It is a community that knows what goes on on the mountain, both good and bad."
It's also a Republican county and an area with a low tolerance for violent crime.
"It's a homicide case and all homicide cases in the community are taken very seriously," said Goodbee.
Eagle County, which like other Colorado counties has a problem with no-shows for jury duty, has called 600 jurors.
Last week Pueblo District Judge Victor Reyes postponed an assault trial for a former police officer because only 30 of the 90 prospective jurors showed up.
"We usually call 200 or 250 for a felony trial, but this time we've called 400 on Monday and another 200 on Tuesday," said Jackie Cooper, clerk of Eagle County District Court.
Heckman, Hall's attorney, couldn't comment on the trial.
"I think that getting some clarity with respect to reckless skiing that results in a death is a good thing," said Paul McLimans, the district attorney for Routt and Grand counties.
"Ski areas are certainly trying to assert control over people, but every district with a ski area has unfortunate accidents. It's not like somebody intentionally causes the injury or death."
