Category Archives: Accidents

Aleutian Avalanche blasts 3 climbers down Mt Neacola

An Aleutian avalanche woke three climbers on Easter morning. They found they were tumbling down the Neacola Mountains in Southwest Alaska. Their tents were propelled down Mount Neacola in Lake Clark National Park and Preserve by an air blast from an avalanche above them.

The climbers had set up camp several days earlier. They were waiting for the weather to improve. The group planned to attempt to climb the roughly 9,350-foot Neacoloa peak via the north face. A route that has never been successfully climbed, according to the American Alpine Club. It has stymied mountaineers like the legendary Fred Beckey.

The climbers received a grant from the American Alpine Club to fund the north face attempt. The three have more than a decade of experience. Two work as avalanche instructors. They work together as climbing guides in New Hampshire. The team had traveled to Alaska planning to spend about 3 1/2 weeks on the mountain. They returned home to New Hampshire on Thursday but are keeping an eye on Alaska weather in hopes that conditions in the Neacola Mountains will improve enough in the next few weeks that they can return.

Amplified Aleutian Avalanche Risk

Heavy snowfall and high winds in recent weeks had amplified avalanche risk in areas of Lake Clark National Park that are normally not affected.

⚠️Safety alert! ⚠️ Field staff are reporting significant avalanche activity in the park. Please remain observant,...Posted by Lake Clark National Park & Preserve on Friday, April 2, 2021

Caught in Their Sleep

Just before 4:30 a.m. one of them woke up pressed against the front wall of his tent as it started to flip. “The immediate first thought was, oh no, I’m getting buried in an avalanche,” he said.

When the tents came to a rest roughly 300 feet away they were on top of the debris.

The men called out to one another and realized they were all safe.

One climber hit his head during the fall but the men were otherwise uninjured.

The three managed to prop one of their tents back up and sheltered until dawn.

Salvaged Food Supplies

When daylight broke, they worked their way around the glacier, hunting for the remainder of their food. They didn’t know how long they might be waiting, but it was clear that the weather was not going to improve enough for a plane to fly in that day.

The climbers estimated it would take six days total to climb the 4,500-foot north face. They managed to find enough food to feed them comfortably for a week.

Lucky Conditions for Flying Out

They messaged Doug Brewer, the pilot who had flown them into the range, on their InReach devices. He agreed to pick them up as soon as it was safe.

Brewer has been flying in the Neacola Mountains for decades and described the range as breathtaking but requiring a technically challenging flight through a narrow canyon around the incredibly steep Mount Neacola. He said there’s a limited window of time each day with enough light on the glacier to safely navigate, and only during low winds.

The Neacola Mountains are visited infrequently, even by climbers, said a spokeswoman for Lake Clark National Park. That’s partly because tackling the rugged terrain requires extreme skill, but also because the mountains — located in the northern portion of the national park — are in such a remote area.

This mountain range is relatively newly named. The first recorded climbers explored the area in the 1960s but it took several more decades for another set of climbers to publish findings.

The climbers were nervous staying in the aleutian avalanche area, but there didn’t seem be safer options. So they waited.

Blizzard conditions continued for much of Monday, but by Tuesday the skies were clearer.

The climbers attempted to stomp out a runway and Brewer and his son flew in, making an uphill landing on the glacier in their ski-equipped planes. The landing was rough because avalanche debris had obscured the runway area, Brewer said.

“It was still cold, probably zero, and it was a down-glacier wind about 15-20, so this was right on the edge of being able to get them out safely,” he said.

The climbers helped stomp out additional chunks of debris on the makeshift runway and turn the planes around.

Mt Neacola north face. Camp below east face hit by an aleutian avalanche.
Mt Neacola North Face

Swiss Avalanche Deaths Up 50% Over the 20-year Average This Winter

Swiss avalanche deaths are up this season. Significantly more people have been killed than the latest 20-year average. The majority of victims were off-piste skiers or snowboarders. The grim statistics come in a report by the Swiss Institute for Snow & Avalanche Research (SLF) and cover the period from 1st October 2020 to 30th March 2021.

27 people have died in avalanches and one person is still missing. The 20 year average is 18 Swiss avalanche deaths to the end of March. This shows an increase of 50%.

“All of the victims were winter sports enthusiasts in unsecured terrain,” the report states. 11 were backcountry ski touring or hiking and 16 were off-piste skiing or snowboarding.

Two people died in one accident, but for all other accidents, one person died.

The 4 Valleys area, which includes Verbier, was the worst hit with seven (26%) of the season’s avalanche deaths recorded there. One fatal accident was recorded in the Swiss Jura, where such incidents are very rare, with the last one dating back to 1991.

Overall 318 avalanches causing damage – material and bodily injury – were reported to the SLF Institute. Of these, 215 were triggered by people, rather than spontaneous slides, with 296 people being caught in them. The 20-year average for triggered avalanches is 113.

The 20-year average for the number of people caught is 177, meaning this winter roughly two-thirds more people were involved in some way.

There were also spontaneous slides, most of them in mid-December and late January.

Possible Reasons

Fragile old snow

Layers of metamorphosed snow close to the ground and weak layers in the centre of the snowpack. Most serious accidents had this cause, including the eight fatal avalanches from 15th to 18th January.

Abundant fresh snow

From December until the beginning of February and again in mid-March, the situation was critical for weeks because of a several episodes of snowfall. Constant snow and the formation of layers of windblown snow added to the problem of the old snow layer.

Large avalanches

The slides triggered in old snow were often large and sometimes very large.

Increase in off-piste accidents

More than half the fatal accidents were in the off-piste area. In multi-year statistics, there are more fatalities among backcountry tourers or hikers.

Five of the fatal avalanches happened when the avalanche risk was at level 4 (on a scale of 1 to 5).

The report also says there were slightly more accidents than average at the weekend, especially Saturdays, when more people are usually on the mountains.

“It is not known whether the coronavirus pandemic has an influence on mountain attendance date and the risky behavior of winter sports enthusiasts,” it says.

Swiss Avalanche deaths and reported avalanches
Swiss Avalanche deaths and reported avalanches

Heli-ski avalanche near Matanuska Glacier witnessed by others in group

A heli-ski avalanche near Matanuska Glacier killed a Fairbanks woman who was heli-skiing on Saturday. It was witnessed by four others in the group.

Erin Lee, 40, was rescued and taken to Mat-Su Regional Hospital and pronounced dead.

She was part of a group heli-skiing about 7½ miles from the Glenn Highway east of the Matanuska Glacier, said Austin McDaniel, a spokesman for the Alaska state troopers. It wasn’t immediately clear which mountain the avalanche occurred on. Troopers have not visited the exact site. McDaniel also noted that another group was heli-skiing in the same area Saturday.

Group was from Majestic Heli Ski

Lee was one of four guests in the Majestic Heli Ski group led by one guide that afternoon.

Majestic Heli Ski is based near Mile 115 of the Glenn Highway. Which is about halfway between Palmer and Glennallen. Majestic Heli Ski offers packages that include heli-skiing in the Chugach and Talkeetna mountains. Majestic Heli Ski has not made any statements about the heli-ski avalanche near Matanuska Glacier.

Two clients and a guide were at the bottom after finishing a run. Lee began skiing and an avalanche was triggered. One other skier was still at the top. All four watched the slide bury Lee. No other skiers were caught in the avalanche and there were no other injuries, according to McDaniel.

Group had safety gear

Lee was equipped with avalanche safety gear. Including an avalanche beacon, rescue probe, shovel, harness and avalanche airbag system. She did not deploy the avalanche airbag system during the avalanche.

The other skiers in the group were also equipped with safety gear, and the guide had communication equipment. According to the company’s website, Majestic Heli Ski clients receive training about hazards and also how to use the safety gear.

“It sounds like the witnesses, including the guide, were able to see what happened and they were able to go right to the area and use the beacon technology,” McDaniel said.

Lee was recovered from the heli-ski avalanche near Matanuska Glacier by the group. Then flown to the hospital in the Majestic Heli Ski helicopter. It was not clear exactly how long Lee may have been buried. McDaniel said about an hour passed from the time of the avalanche until the time Lee reached the hospital.

It’s not clear what triggered Saturday’s heli-ski avalanche near Matanuska Glacier. McDaniel said there is not currently a plan to investigate that.

“The availability of having witnesses see what happened is key in us making the decision on trying to track down an avalanche specialist to go out there and determine a little bit more closely what had happened,” McDaniel said.

Closest danger forecast was Considerable

The area where this happened is outside the direct forecast zones for the Hatcher Pass and Chugach National Forest avalanche centers. There was a forecast from the Hatcher Pass Avalanche Center, about 60 miles west. It rated the avalanche danger there on Saturday as considerable at all elevations.

New snow fell in much of the Matanuska-Susitna Borough last week. That caused some instability for avalanche conditions in the Hatcher Pass area. Numerous natural, human and remotely triggered avalanches were reported Friday. One crossed and closed a road, the avalanche center wrote.

Guides at Majestic Heli Ski “continuously gather data and evidence, take field observations, perform snowpack tests, monitor weather conditions and evaluate and forecast the snow stability and the avalanche hazard,” according to their website.

Avalanche deaths not a common occurrence, says State Trooper

All backcountry recreating has risks, McDaniel said But avalanche deaths are a less common occurrence. Lee was the fourth person in Alaska to die in an avalanche this season. In early February, three climbers died in an avalanche on a steep and challenging route of Bear Mountain near Chugiak.

Five men also died heli-skiing Saturday when their helicopter crashed above the Knik Glacier in the Chugach Mountains southeast of Palmer. One man who survived the crash remains in serious condition. That group consisted of the pilot, three guests and two guides from Tordrillo Mountain Lodge.

McDaniel said he and other officials with the state troopers could not recall any deaths other than the six Saturday that were related to heli-skiing in recent years. A Southeast Alaska Backcountry Skiing Adventures heli-ski guide was buried in an avalanche near Haines in 2014. He eventually died, following the death of another guide from the same company on a Haines-area heli-ski trip in 2013. An avalanche near Haines killed an Alaska Heliskiing company guide and a snowboarder in 2012.

A Heli-ski avalanche near Matanuska Glacier killed a skier from Fairbanks
A Heli-ski avalanche near Matanuska Glacier killed a skier from Fairbanks

Chitral Snow Avalanche Hits Washich Village

A snow avalanche hit Washich village in Torkhow valley of Upper Chitral the other night. Rain had lashed the pasture for three days and caused the huge mass of snow to come down. However, there was no casualty.

Qazi Inayat, a villager, reported by phone that the Chitral snow avalanche passed through the deep stream of Washich village. It was so intense that it crossed the Chitral River to Zang Lusht village on the other side.

He said it did not cause any damage to life or homes and agricultural lands. All of the debris drained through the stream.

Mr Inayat said the avalanche debris had filled the stream to its capacity. As a result the village faces a high risk of being overrun by another avalanche of even small mass. This is a concern during the current week as the melting process was very slow.

The village is highly prone to snow avalanches as steep mountains and ridges stand close to the upper belt of the village.

Published in Dawn, Friday, March 19th, 2021

Chitral Snow Avalanche
Chitral Snow Avalanche

Avalanche investigators must testify in Colorado criminal case

Avalanche investigators from the Colorado Avalanche Information Center (CAIC) must testify in the trial of Evan Hannibal and Tyler DeWitt according to Judge Casias. He dismissed a motion from the Attorney General’s Office to void subpoenas to keep them off the witness stand.

On March 25 DeWitt and Hannibal were snowboarding above the Loop Road at the Eisenhower/Johnson Memorial Tunnels. They triggered an avalanche. Nobody was injured but it covered more than 400 feet of the roadway up to 20 feet deep and damaged a remote avalanche-control installation.

The District Attorney charged both snowboarders with misdemeanor counts of reckless endangerment.

Much has been made of the avalanche center’s role. The center contacted the defendants after the avalanche to collect information to put together a report on the incident. The defendants voluntarily supplied information. Which was later shared with the Summit County Sheriff’s Office.

The defense attorney Jason Flores-Williams fought to suppress the report as evidence. He argued that it represented a violation of the defendants constitutional rights because they were never informed the information could be used against them. Judge Casias ruled there were no violations. The avalanche center employees weren’t acting as law enforcement agents in their investigation and there was no formal search or seizure.

The avalanche center was directly involved the case a few days later. Subpoenas for their avalanche investigators were issued. They required the center’s Director Ethan Greene and forecaster Jason Konigsberg to testify as expert witnesses. On Feb. 26 the Attorney General filed a motion to quash the subpoenas on the grounds that such testimony could have an “unintended adverse ‘chilling’ impact on the CAIC’s ability to gather important information from people involved in avalanches.”

On Tuesday Assistant Attorney General Jeff Fugate defended the office’s stance. He claimed that forcing the men to testify would harm future efforts to gather information following an avalanche. It could create a situation where backcountry users would no longer view the CAIC as impartial.

“The center is very aware of conversations taking place in the backcountry community. And advice being widely shared that people should no longer speak to the CAIC if they are involved in an avalanche,” Fugate said. “…That’s the exact opposite message the center has worked hard to implement in Colorado. People should be willing to share information with the center without hesitation or reservation because the more information the center has, the better it can educate the public about avalanche safety.”

“The agency has fulfilled their role by sharing this information. However, appearing as an expert for the prosecution takes them outside of this informational or educational role. It leaves the wrong impression or the misunderstanding that the CAIC is now ‘on a side.’ That’s something this agency just wants to avoid at all costs.”

Fugate said the fear wasn’t that community members would stop reporting avalanches altogether. But they may report an avalanche and refuse to provide any follow-up interviews, photos or videos.

Fugate continued to say that the subpoenas for the avalanche investigators were unnecessary. They say prosecutors could find other avalanche experts who weren’t working for the state to serve as witnesses.

In response Deputy District Attorney Stephanie Cava called the assertions speculative. She said her office often deals with situations like this. She compared the situation to someone getting in a car crash, calling the police and still potentially getting a ticket.

She also said that some fears were driven by inaccurate news reporting. She singled out a recent story from The Colorado Sun. Which mistakenly called the case the state’s first criminal case involving an avalanche. She claims there were three cases that went to trial in Summit County in 2014 after a fatal avalanche. While those cases did not receive the same news coverage Cava claimed it did not impact avalanche reporting. She noted that field reporting to the avalanche center nearly doubled from 2014 (1,392) to 2020 (2,771).

Cava also says that reports her office seeks a set amount of restitution in the case were false. Any restitution amounts will be decided if the men are convicted. She noted that the most recent plea offer her office made to the defendants was rejected. It involved the defendants pleading guilty to reckless endangerment, performing 120 hours of public service and paying $25,000 in restitution.

Cava also said that prosecutors are given wide latitude to call witnesses. Quashing them in this case could create a bad precedent in the district. She claims that witnesses from state agencies frequently testify without compromising their impartiality.

“When a (Colorado Bureau of Investigation) forensic scientist comes and testifies in a DUI case, they don’t get up there and speak on behalf of the people,” Cava said. “… (They) don’t get up there and say, ’That person was drunk.’ They say, ‘Well this is the test that I did, this is how I did it and, based on that information, you could see these sorts of signs.’ They don’t give a conclusory opinion.”

Casias noted that avalanche investigators Greene and Konigsberg would be reluctant witnesses and that the case potentially could have impacts on future avalanche reporting. But he said the district attorney’s office didn’t err in issuing the subpoenas.

As expert witnesses, Casias said the men would be asked only to share their objective findings from their investigation.

“They don’t get to sit here and say this person is guilty or not guilty of any criminal conduct,” Casias said. “… Their expertise and their knowledge is providing an objective determination of what caused the avalanche to go.”

The trial is set for March 25-26.

The scene of the crime in a Colorado avalanche court case.
The scene of the crime
Avalanche

Avalanche testimony in criminal case could have “chilling effect”

Avalanche testimony by Colorado Avalanche Information Center boss Ethan Green in a criminal case could hinder the function of the agency, according to the state Attorney General.

Defendant Provided his video

Evan Hannibal provided his helmet video of the avalanche he triggered above Interstate 70 last March. The avalanche buried a service road and destroyed an avalanche mitigation installation protecting I-70. He thought the Colorado Avalanche Information Center (CAIC) would use his submission to help educate others.

But Summit County prosecutors used the video for a criminal case. They seek restitution for the damaged avalanche mitigation device.

Hannibal and Tyler DeWitt are charged with reckless endangerment. Restitution of $168,000 is sought for the destroyed avalanche mitigation device.

Adverse impact of video

Hannibal has argued that the charges could convince others to stop giving information to the CAIC. Colorado Attorney General Phil Weiser, as attorney for the state avalanche center, has agreed. He argues against the plan to call avalanche center director Ethan Greene as an expert witness. He states it “could have an unintended adverse impact on the CAIC’s ability to gather important information.”

Weiser’s office has filed motions to quash subpoenas requiring Greene and forecaster Jason Konisberg to testify as expert witnesses.

Novel Avalanche Case

It is a novel case in several ways.

Backcountry travelers have never before faced criminal charges over an avalanche in Colorado. Summit County Court Judge Ed Casias recently rejected the pair’s argument that their rights were violated when the helmet video was provided to police as evidence of a crime.

Now Weiser has stepped in, asking Judge Casias to reject having state employees testify.

“There is genuine concern that if CAIC employees appear as an expert witness it could adversely impact their ability to gather information from persons involved in an avalanche,” the motion filed by Weiser’s office reads. “The more involved CAIC is, the more it looks like they are working with law enforcement, resulting in a chilling effect on CAIC’s mission.”

Too busy for avalanche testimony in court

Weiser also argued that the subpoenas are “unduly burdensome, unreasonable and oppressive.” Because it takes them away from avalanche investigations and forecasting.

James Moss is an attorney with over 30 years experience in recreation law. Moss thinks the loss of avalanche testimony by Greene and Konisberg could hinder the case. Moss thinks that without them the district attorney will have a hard time explaining the CAIC report. Or to explain why the avalanche mitigation device was placed in that particular location.

But more important, Moss says, is the threat to the CAIC mission. Which includes educating the public on avalanche risks.

“The motion states clearly that this is going to screw up avalanche research and reporting in Colorado forever,” said Moss. He has no role in the case but urges backcountry travelers to avoid talking with the CAIC. “You never report to CAIC from here on out, period,” Moss said.

Avalanche in Colorado
The avalanche in question in the case with avalanche testimony

Alpine Meadows avalanche lawsuits over dead and injured guests

AP – Two Alpine Meadows avalanche lawsuits have been filed by the widow and a friend of a dead skier. They accuse the resort of negligently rushing to open the unsafe slopes for a busy holiday weekend.

Cole Comstock, 34, of Blairsden, California, was killed. His close friend Kaley Bloom was seriously injured. They were caught in an avalanche on an Alpine Meadows ski run on Jan. 17, 2020. Nobody else was seriously hurt.

Two Alpine Meadows avalanche lawsuits filed

The two Alpine meadows avalanche lawsuits were filed in Placer County Superior Court by Bloom and by Cole’s widow. They seek unspecified damages from Alpine Meadows. The allegations include negligence, gross negligence and breach of contract. Raymond’s lawsuit also alleged the resort was to blame for her late husband’s death.

The resort had closed the previous day following several days of heavy snow and high winds that dramatically increased avalanche risks, the lawsuits claimed. The National Weather Service in Reno reported wind gusts up to 116 mph the night before the avalanche.

Alpine Meadows “premature opening” that Friday “was in response to public and economic pressure to open that particular lift and callous disregard for the dangerous combination of conditions,” according to Bloom’s lawsuit. He says he suffered severe and ongoing injuries.

Avalanche Control work done

The avalanche happened after avalanche control work was performed, the resort said in a statement. Such work involves the use of explosive detonations. They intentionally trigger avalanches while guests are not in the area.

“While we cannot comment on ongoing litigation, January 17, 2020 was a devastating day for our team at Squaw Valley Alpine Meadows, and we continue to share our deepest sympathies with the family and friends of those affected,” Alex Spychalsky, a spokeswoman for both of the neighboring resorts, said in an emailed statement.

Raymond’s lawsuit says Alpine Meadows “should not have opened the ski run under the circumstances.”

Most skiers who buy ski resort passes must sign release forms. Those warn that winter activities “can be dangerous and involve the risk of injury or death.”

But Raymond’s lawsuit said the resort increased the risks beyond those normally assumed by skiers. Cole and Bloom believed they were skiing on a run that was safe because avalanche control had been performed.

Reopening the runs after they’d been closed the day before “created a false and reckless illusion of safety,” the lawsuit said. “Inadequate and/or incomplete mitigation measures did not decrease or mitigate the risks, but instead further increased the risk and turned a dangerous area into a deadly one.”

Raymond’s lawsuit notes that most ski fatalities occur outside of ski resorts. In-bounds avalanche deaths are rare.

Experienced Skier

Comstock was an experienced skier. He grew up in the Sierra Nevada and skied both in-bounds and out-of-bounds. Depending on the conditions of the day and information from the resort and the ski patrol, his widow said in the lawsuit.

Raymond was on the other side of the mountain when she got a phone call from friends. Telling her there had been an avalanche. She went to wait for her husband beneath a chairlift.

That’s when she saw the ski patrol pulling a stretcher with someone covered with snow and blood. They stopped and began administering CPR to the victim. Then she recognized her husband’s maroon ski boots and realized it was him.

She said blood spewed from his mouth with each push on his chest as the ski patrol team took turns at CPR for 45 minutes.

“Eventually they stopped as she watched them pull the white sheet over him. Her last image of her husband was a broken and already dead body,” the lawsuit said.

Seven people were killed in an avalanche at Alpine Meadows in 1982.

Two Alpine Meadows lawsuits were filed after a guest died in an avalanche.
Two Alpine Meadows lawsuits were filed after a guest died in an avalanche.

Tahoe Avalanches: “Stupid Mistakes?” as people trigger slides

By the end of Friday the Sierra Avalanche Center had received numerous reports of Tahoe avalanches.

“Perfect Day” leads to many avalanches

Friday started as a perfect winter day. About a foot of new snow fell overnight. In the morning the sky cleared. Then by the end of the day the Sierra Avalanche Center had received many avalanche reports. Some happened naturally but many were caused by skiers and snowboarders.

In the morning the Sierra Avalanche Center posted its forecast. The center stated the obvious – that storm slabs in the new snow were a big concern. They rated the avalanche danger as “considerable,” meaning that skiers and snowboarders were likely to trigger avalanches.

Reports of Tahoe avalanches continued through the weekend. There were no fatalities but multiple people were buried in avalanches. At least one person was seriously injured.

New storm snow problem, different from Utah and Colorado

In the United States avalanches have killed 25 people so far this season, including 18 just in February. The snowpack across the mountain west has been riddled with inherent dangers since the beginning of the winter. In Colorado and Utah those persistent dangers are still playing a role in avalanches. The Sierra Nevada’s snowpack is generally faster to resolve those weaknesses. The avalanches on the holiday weekend were simply from new snow. According to the Sierra Avalanche Center the main issues are things like storm slabs and wind slabs.

Slew of Tahoe Avalanches

At Castle Peak, atop Donner Summit, a snowboarder jumped off a rock and was engulfed in snow.

Another skier-triggered avalanche near Carson Pass buried a person for about five minutes. The victim survived but had severe injuries.

At Mount Tallac the El Dorado County Sheriff’s Office dispatched a search and rescue team in a helicopter to respond to an avalanche triggered by a group of backcountry skiers. The response ended when authorities confirmed that no one had been caught in the avalanche.

“I would say any time you’re caught in a slide and you walk away, it’s lucky,” said Andrew Oesterreicher, a volunteer and board member with Tahoe Nordic Search and Rescue (TNSAR). “You don’t ever want to rely on that luck.”

An anonymous skier reported an avalanche on Flagpole Peak. After their first run they decided the snowpack was “bomber” and solid. So they skied a more aggressive line next.

“Clearly, it was a stupid mistake getting caught up with powder fever,” the skier reported. A few turns down the line a storm slab of new snow slid down the mountain, along with the skier.

TNSAR didn’t get any calls to respond to incidents over the weekend, Oesterreicher said. If they are dispatched it usually means the situation is tragic.

“The brutal reality is, typically, by the time we’re responding to an avalanche situation, it’s pretty much a recovery at that point,” Oesterreicher said. “Just because it takes our team so long to get to the scene.”

U.S. Forest Service, Sierra Avalanche Center

The Sierra Avalanche Center works to prevent accidents by issuing daily forecasts. The U.S. Forest Service hires three full-time avalanche forecasters who backcountry ski and then write reports. The Sierra Avalanche Center fundraises on behalf of the U.S. Forest Service to cover much of the payroll and related expenses. There are also three part-time paid observers who go skiing to check on conditions.

Due to the pandemic the center lost two fundraising sources they rely on to fund the Forest Service. The loss adds up to about $100,000, which is about a quarter of their annual budget.

Tahoe avalanches triggered by people after a big storm.
Tahoe avalanche center, US Forest Service
Avalanche

Avalanche defendants suffer motion dismissal in court

Two avalanche defendants, snowboarders, are facing charges and a $168,000 fine for an avalanche that threatened I-70. A judge just dismissed their motion to dismiss video of the avalanche they gave to Colorado Avalanche Information Center.

Motion to Dismiss

A Summit County Court judge dismissed a motion to suppress a GoPro video of the avalanche. Evan Hannibal and Tyler DeWitt had given the video to the Colorado Avalanche Information Center (CAIC).

The video is evidence in the Summit County District Attorney’s case against Hannibal and DeWitt. They are charged with reckless endangerment and could face a $168,000 fine. These are the first criminal charges ever filed against skiers involved in an avalanche in Colorado.

The prosecution argues that the avalanche defendants endangered drivers near the west portal of the Eisenhower-Johnson Memorial Tunnels. They want $168,000 to replace an avalanche control system destroyed they destroyed. The CAIC said they triggered the avalanche.

The snowboarders argued that prosecutors conducted an unlawful search and seizure when they based the allegations on the helmet-cam video. The men gave the video to the CAIC voluntarily. They hoped it could be useful so others might avoid a similar slide.

CAIC is a State Agency

“This is a state agency, a constitutional actor, not informing citizens that what they are voluntarily disclosing in good faith to that that state agency could, and in this case was, turned over to law enforcement for purposes of prosecution,” Jason Flores-Williams, the attorney for DeWitt and Hannibal, said during the motions hearing on Tuesday. “This is extraordinarily problematic. There was a duty to inform Mr. Hannibal that what he was providing to the CAIC could be turned over to law enforcement.”

CAIC director Ethan Greene and avalanche forecaster Jason Konigsberg testified that the avalanche defendants voluntarily provided information and video about the avalanche. The CAIC report said the snowboarders triggered the avalanche. And also that the two “assumed that the avalanche mitigation to protect the tunnel infrastructure decreased the avalanche hazard on the slope.”

Greene said it is common for law enforcement to request information. The CAIC shares its reports. The state agency offers all reports for public review. “Our role is to facilitate people understanding avalanches, and we do that by sharing information,” Greene said. “If the public requests information from us, we provide it.”

The CAIC did not include the video in its public report, although they often do publishes videos. “It was my judgment that the content of the video did not add to the educational messages we were trying to get across in the report,” Greene said.

Video Provided Voluntarily

Konigsberg agreed with Flores-William in saying the sharing of the video was “voluntary and collegial.”

Flores-William asked Konigsberg if he thought the video could be handed over to law enforcement. “Can I think about that for a second?” Konigsberg asked. “Honestly, it’s not something I thought about. I kind of had a one-track mind to collect information for avalanche education and safety, like I always do.”

The prosecution argued that Hannibal and DeWitt, experienced with CAIC reports, should have known that CAIC publishes information. “I understand there is a concern about the public policy side of this, but we have to focus on the law,” McCollum said. “And none of the law supports the … argument that this video or the photos that were obtained should be suppressed.”

Judge Ed Casias found there was not any violation of constitutional protections from unlawful search and seizure because there was no search and nothing was seized. “It wasn’t a search of any kind. Mr. Hannibal was asked if he would provide it and he did,” Casias said.

Casias said he wouldn’t expect Konigsberg to tell Hannibal the video could be used by law enforcement. “Frankly, he didn’t know that was going to happen. That was not the reason he was collecting information,” Casias said.

Miranda Rights don’t apply

Casias also denied the argument that the collection of the video violated the men’s Miranda rights, which only applies to people in custody when they are advised that what they say can be used against them in court. “There is information here that was provided voluntarily. It was provided to CAIC, not law enforcement,” Casias said.

The courts should ensure police don’t circumvent constitutional protections against unlawful search and seizure, Casias said. Still, he could not connect a skier providing information to an avalanche center with a constitutional violation. 

“If there are things that you, as a backcountry traveler do that cause new concern that law enforcement may be involved and someone reaches out and asks for information, you don’t have to give it,” Casias said. “I can’t make you disclose and I can’t make you withhold. But if your common goal is to make it safer for other people … it’s your decision.”

The avalanche started by the defendants
The two avalanche defendants started an avalanche that created a threat to I-70.

Elk Survived an Avalanche after fortuitous rescue by an observer

An elk survived an avalanche after being rescued by a nearby observer.

Jesse Dahlberg was watching railroad avalanche control crews use explosives to start relatively small avalanches near Field British Columbia. He noticed a lone elk was in the path of one of the avalanches. He hoped the elk might outrun the snow. But it was engulfed as the avalanche came down around it.

“I didn’t know how big the avalanche was going to be so I was hoping for the best. When I saw it, I thought there’s no way that elk is going to survive.” Dahlberg told CBC. “That wall of snow caught up to that elk so fast and just blasted it.”

Dahlberg decided to go see if there was a chance the elk survived an avalanche. After parking close to where the elk was last seen he and a friend followed debris uphill. Miraculously, Dahlberg saw a portion of the animal’s face peering out from the snow. The elk was trapped and immobilized in the avalanche debris.

Once Dahlberg found that the elk was alive he knew they’d have to act quickly. He began digging with his handsand sent his friend back to the vehicle for a shovel. It took only 15 minutes to dig the elk’s back legs free. Then, with a little prompting, the critter was able to shake its way clear and climb out of the snow.

“I put my arms up and started cheering because I was so excited that it was alive,” Dahlberg said. “I was so happy.” Rather than take flight, the forest denizen calmly gazed at them as they left the scene as if saying a silent “thank you.”

Jesse Dahlberg has a video of the avalanche and some photos of the rescue on his facebook page.

An Elk survived and avalanche thanks to a rescue.
Jesse Dahlberg rescuing an elk that survived an avalanche.