Yeva Smilianska, who was convicted in the 2023 driving death of rising cycling star Magnus White, could be released from the prison and into Community Corrections. If the 25-year-old were to be accepted into the Intensive Supervision Program (ISP), she would be able to serve the remainder of her sentence at a halfway house.
White’s parents said they were shocked and angered upon receiving the news via email, under Colorado’s Victim Rights Act, on Nov. 20 — just two days after what would’ve been his 20th birthday.
“We had just started to bring our heads back above water, just started to learn how to live without Magnus, just started to be parents again to (son) Arrow. And so, it was devastating,” Michael White said.
Jill White said she didn’t find out until she got home from work and said they had only been aware that Smilianska was eligible for parole. When she walked in, she saw a look of dread and fear on Michael’s face. She said she had to leave the house to try to process the news.
“I don't understand. We were in the court; there was sentencing,” Jill White said. “The judge said four years in prison. How is she already getting out of prison? How is this happening? Can I live in Colorado? Can I live in this community anymore? I was questioning everything.”
If the board reviews the transition case, the halfway house provider has the first right of refusal on all transition referrals under state law. Then, if the provider and board approve the case, Smilianska would be housed in Boulder County.
In July 2023, the 17-year-old White was heading home from a training ride when he was struck from behind by Smilianska’s car on Hwy 119, outside of Boulder. White was preparing to represent the USA in the Mountain Bike World Championships in Scotland and was days away from leaving for the competition.
A Boulder County jury convicted Smilanska of reckless vehicular homicide in April this year. During the week-long trial, it was discovered that Smilianska had been up singing and drinking on the night before the accident. She didn’t get enough sleep before driving home the next day. She had initially told investigators that a steering malfunction caused the crash.
Smilianska was sentenced to four years in prison and three years of mandatory parole. She will be eligible for parole in April 2027, with a parole hearing scheduled for January 2027. According to the CDOC, Smilianska is currently housed at La Vista Correctional Facility in Pueblo.
A defendant is eligible for community corrections sixteen months prior to the parole eligibility date. For non-violent offenses, which include vehicular homicide, offenders are eligible for parole at 50 percent of time served. But an offender could be eligible for Community Corrections sixteen months before they’ve served 34 percent of their sentence with good and earned time.
Once an offender submits a request through DOC, a referral is submitted by a case manager. The case goes to a full board for review in Boulder County. The Whites will have an opportunity to choose a date that works best for them to attend the hearing, which would not be earlier than late January 2026.
The White family has spoken to the Boulder County District Attorney’s Office since receiving the email. A hearing date for the program has not been set. But Smilianska’s eligibility for ISP begins on Dec. 1. The White family requested to be present at the hearing.
“We just feel like the sentence was a complete lie. The state lied to us,” Michael White said. “The judge said four years in prison as punishment for the criminal behavior and criminal actions that this person did that killed our son, and we believed it.”
The Boulder County District Attorney’s Office told CPR News in a statement they strongly oppose Smilianska’s release.
“Although it has been the law in Colorado for many years, this process is re-traumatizing for victim families. In essence, it creates a sentence reconsideration board that can reverse or reduce a judge’s decision,” Boulder County District Attorney Michael Dougherty said. “This tragic situation highlights two things that we must continue to fight for in Colorado. First, we need more certainty in sentencing. Second, the Community Corrections process should not be completely separate or earlier than the process for parole. I will continue to fight for justice in this case.”
Since White’s death, the family has advocated for stricter road safety laws on the state and federal levels. They had a pre-planned trip to Washington, D.C., next week to meet with Republican Congress members over the Magnus White Cyclist Safety Act of 2025, which requires automatic emergency braking to detect pedestrians, motorcyclists, cyclists, and scooter riders on all new vehicles. The bill is sponsored by Democratic Rep. Joe Neguse from Boulder.
This will be the third Thanksgiving that the family will spend without White. Instead they will visit his ghost bike located at the site where he was killed on Hwy 119. It consists of a white bike on a pole with the American flag at the top. Family and friends constructed the memorial last year on the anniversary of White’s death. The family decorated the memorial with a Christmas tree on White’s birthday.
“It's just a reminder for people that a boy was killed here and to think about how you drive,” Michael White said.
