British Skier Freed, Will Not Face Charges. DA Calls Deadly Collision An Accident, But Family Files Wrongful Death Suit

Rocky Mountain News
March 7, 2003
By Deborah Frazier

BRECKENRIDGE—A British man won't face criminal charges in another skier's death, but the victim's family filed a civil suit against him Thursday.

District Attorney Mark Hurlbert said there was insufficient evidence to prove that Robert Wills, 31, was skiing recklessly when he collided with Richard Henrichs, 56, at the Breckenridge Ski Resort on Sunday.

Henrichs, of Naperville, Ill., whose son, Ryan Henrichs, witnessed the accident, was hit on his right side, knocked out of his skis and slammed into a tree. Henrichs died from severe injuries to his abdomen, chest, head, kidneys and hip.

Hurlbert notified Henrichs' family late Wednesday that Wills would not be prosecuted.
"It was a horrible, horrible accident. The family agreed with my decision after I explained it," Hurlbert said. "I agonized over the decision. "We just don't have enough evidence to prove beyond a reasonable doubt that he was skiing recklessly."

Wills was released from jail shortly after Hurlbert's announcement. "Mr. Wills deeply regrets the accident," Pamela Mackey, his attorney, said in a written statement. Two of his friends witnessed the tragic accident, she said. Mackey said Wills and his friends stayed at the scene, Wills identified himself as the person involved in the accident and cooperated fully with investigators.

The wrongful death suit, which has a less demanding standard of evidence than a criminal prosecution, was filed in U.S. District Court in Denver. The suit seeks at least $75,000 in damages. Wills, who works as a scaffolder, is the sole defendant.
Mackey declined comment on the lawsuit.

Denver attorney James Chalat, who will represent the Henrichs family, said he could not discuss the case. Chalat is a nationally known ski injury attorney.

In skier injury and fatality cases, civil suits must show only that most of the evidence indicates a skier failed to control his speed and acted recklessly, he said. Wills caused Henrichs' death "by skiing in such a reckless and negligent manner as to lose control of his speed and course," the lawsuit alleges.

The evidence can include witness statements and the sheriff's, ski patrol's and coroner's reports, Chalat said. Similar cases have focused on the relationship between speed and the severity of injuries.

"The most severe injuries are the result of high speeds," said Chalat. In general, the uphill skier has the primary duty to avoid collisions, he added.

Ryan Henrichs, 28, of Denver, earlier told reporters he saw his father moving slowly down the slope and then saw another skier uphill, traveling fast.

Hurlbert said Thursday that Ryan Henrichs saw his father "in the last split second" before the collision, but when questioned repeatedly by investigators, he wasn't as confident about the skiers' positions on the hill. Ryan Henrichs declined comment Thursday.

The accident occurred at the junction of two trails, Hurlbert said. Blood tests found Wills had not consumed drugs or alcohol, he said.

Only one skier, Nathan Hall, has been tried in the death of another skier. Hall was convicted of negligent homicide in the 1997 death of Alan Cobb of Denver. There were multiple witnesses to Hall's high speed, lack of control and recklessness. He had beer in his backpack and a film can containing a small amount of marijuana.

"Nathan Hall was apples and oranges to this," said Summit County Sheriff Joe Morales. "Nathan Hall had people following him down the hill to tell him to slow down. With this case, it was just a sad day."