Skier's Manslaughter Trial to Start

E A G L E, Colo., Nov. 13, 2000 -- When Nathan Hall collided with Alan Cobb dashing down a Vail Mountain ski slope three years ago, Cobb’s death triggered a crackdown by resorts on reckless skiing and snowboarding.

It also prompted prosecutors to charge Hall with manslaughter, alleging he was out of control when he hit Cobb, killing him almost instantly on April 20, 1997.

Two district courts dismissed the charges against Hall, ruling a reasonable person would not have expected skiing too fast to cause another person’s death.

But the Colorado Supreme Court granted a prosecutor’s appeal and overturned those decisions in April this year, setting the stage for a trial that began today that is believed to be the first-ever in a fatal skiing accident.

“This case is unique in that for the first time a jury will decide the facts in a ski death, ” said Eagle County District Attorney Michael Goodbee, who is prosecuting the case. “A jury in this community needs to hear all the details.”

While there have been other criminal charges filed in similar ski-death cases, defendants have reached plea agreements before going to trial, he said. Hall is charged with reckless manslaughter,possession of alcohol by a minor and possession of marijuana. Ifconvicted, he faces up to six years in prison.

Out of Control?

Since it was the last day of the season, Hall should have knownthe snow was heavy and wet, like “mashed potatoes,” prosecutorJohn Clune said during opening statements.

“He was bombing down the mountain,” Clune said. “He wasreckless. That is why Allan isn’t with us.”

Defense attorney Brett Heckman asked the jury to recall popularopinion in the days before Michael Kennedy and Sonny Bono werekilled in ski accidents.

“The evidence of skier safety awareness was not, unfortunately,as it is now,” he said. “This has happened to anybody who skis.” Heckman has called the collision an accident and said skiing isa sport that carries an inherent danger.

According to court documents, Hall, 21, had just completed his shift as a ski-lift operator on the mountain and was skiing down the slope at a high rate of speed. Eyewitnesses said Hall was out of control and became airborne and then plowed into Cobb.

At a preliminary court hearing, coroner Ben Galloway testified that “it would take considerable force” to cause the fatal injuries to Cobb, who died when Hall’s ski penetrated the thickest part of his skull. “You most commonly see this type of fracturing when someone is thrown out of an automobile or a moving vehicle, ” he said.

Resorts Watch Closely

The case is being closely watched by resorts as they step up slope patrols in the wake of growing complaints about speedy skiers and snowboarders.

James Chalat, who specializes in ski law, said the trial could affect the image of ski areas that are trying to portray a safe environment.

“It will be a huge advantage for Colorado ski areas for the public to view Colorado as a state willing to enforce safe skiing policy with the full force of the law. Killing someone recklessly is not part of skiing,” he said.

The ski industry has put a priority on safety in recent years. Vail Resorts created a squad called “The Yellow Jackets” that set up speed traps. Last season, they began a campaign emphasizing responsible skiing and boarding.

At the end of the season, the number of deaths had declined from 39 in 1998-99 to 30.

Cobb’s family sued Vail Resorts and won a settlement of an undisclosed amount.

The Associated Press and Reuters contributed to this report.