The trial for a man facing almost thirty-five charges for a DUI crash last year resulting in the death of a U.S. Air Force member from Colorado commenced on Monday. The defense argued that their client was not driving recklessly, despite his blood alcohol level being almost three times the legal limit.
Paul Stephenson, a 57-year-old man, was taken into custody in August last year after reportedly colliding with a Chevy Silverado parked at a 7-Eleven gas pump on Plum Creek Parkway in Castle Rock.
The crash happened in the early afternoon hours of Aug. 4, 2024, according to an arrest affidavit.
According to the arrest documents, Stephenson was driving his own Chevy Silverado towards the west on Plum Creek Parkway that afternoon when he unexpectedly made a sharp turn and entered the eastbound lanes of the road. Subsequently, he hit a curb on the southern side and proceeded into an elevated grassy area dividing the 7-Eleven gas pumps from Plum Creek Parkway.
Traffic cameras from the city showed Stephenson did not attempt to brake or โmake any avoidance maneuversโ before the Chevy struck the passenger side of a Toyota Sequoia, driven by 39-year-old Lieutenant Colonel Matthew Anderson, which was parked at one of the gas pumps of the 7-Eleven, the affidavit states.
Anderson, along with his wife and four children, had stopped at the gas station so his wife could buy popsicles for their children after coming back from the Douglas County Fair that day, according to 23rd Judicial District Attorney George Brauchler.
The impact from the Silverado to his own vehicle โwas significant enough to cause the passenger side front and rear wheels to leave the roadway briefly and also move the entire vehicle west,โ resulting in the gas pump โbeing dislodged and falling over several feet away.โ Investigators believe this caused Andersonโs right foot to get caught between the Sequoia and a raised concrete pedestal, according to the affidavit.
In opening statements, Brauchler โ speaking for the People โ said the collision was so severe it sheared Andersonโs leg off at the ankle before his body came to rest. He later died at a local hospital.
Along with Anderson, three of his children suffered injuries of various degrees including cuts, scrapes, skull fractures and brain bleed, the affidavit states.
โThe suspect had the equivalent of eight-and-a-half shots of whiskey,โ Brauchler told the court Monday, adding Stephenson left his home, which was near the location of the Douglas County Fair, โand doesnโt even put on his seat belt.โ
Trial for man accused of killing Colorado US Air Force member in DUI crash begins
When questioned by police a day later, Stephenson said he was headed toward Seven Star Liquor to purchase more alcohol after admitting he had consumed two beers and a pint of Fireball whiskey prior to the crash, but that he changed his mind because โhe knew better.โ During questioning, he told an officer he was โpretty buzzedโ at the time of the crash, arresting documents show.
A blood draw at the hospital determined his blood alcohol concentration (BAC) shortly after the crash was .208%, according to Brauchler. In Colorado, the legal limit for DUI is a BAC of 0.08%.
โThe suspect was so drunk he told officers someone hit him somewhere around the roundabout before he struck the other car in the 7-Eleven,โ Brauchler said in his opening statement.
Stephenson was also asked if he had any suicidal thoughts or if he intentionally wanted to crash his truck, but the suspect said, โNo, not that Iโm aware of.โ He also said he needs glasses in order to drive and that he was wearing them on Sunday.
โArmed with the information that he collided with a truck that had kids inside, [Stephenson] asks for his glasses and asks what happened to his truck,โ Brauchler said before arguing that the suspectโs actions that day showed extreme indifference for the lives of other people on the road.
Defense says โno evidenceโ of malicious intent in tragic accident
In laying his argument before the court, attorney Michael Mitchell said that while he was not denying that the crash happened, โthereโs no indication at this time that [Stephenson] was driving recklessly.โ
Mitchell said that what was presented in court in Brauchlerโs opening statements was factual but argued that Stephenson suddenly crossing into five lanes of traffic going โdead leftโ could have meant he passed out.
โIt was a terrible, tragic accident. There was no malicious intent,โ Mitchell said, saying he and his client were very sorry for the crash. โThis family lost a husband, a father and a good friend to many people. But was this malicious? Thereโs no evidence for this.โ
Mitchell argued that the prosecution will make the case that based on the evidence, the crash was done on purpose โ a requirement Mitchell said is necessary to call it murder. But he added that there was no evidence Stephenson was targeting the 7-Eleven gas station at the time of the crash.
Stephensonโs attorney also argued that his client may not have properly given accurate information when he was questioned at the hospital a day after the crash because โhe was not all thereโ when questioned by police.
Mitchell also said that Stephenson was also being charged with attempted murder for everyone inside the car, but โhe did not know the kids were in the vehicle or that Mr. Anderson was outside pumping gas.โ
โAll the things required here will not show attempted murder,โ Mitchell said. โDonโt get me wrong, this is very tragic. โฆ [but] he did not murder anyone.โ
The first witnesses were then called to testify before the court went on recess for the day. The trial is expected to wrap up by Friday.
In all, Stephenson was charged with 28 counts, including one count of first-degree murderโextreme indifference and seven counts of attempted first-degree murder for allegedly endangering the lives of other people who were outside the 7-Eleven at the time of the crash.
He was also charged with vehicular homicide, child abuseโnegligence, vehicle assault, reckless endangerment and driving without a seat belt, among others.