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Investigators conclude probe of Hogadon deaths
Authorities say the 23-year-old snowboarder involved in a fatal accident at Hogadon Ski Area did not appear to be committing any crime at the time of the Christmas Eve incident.
Natrona County District Attorney Michael Blonigen determined "there was no indication of any chargeable activity by any party involved," according to a copy of the investigation report obtained Wednesday.
The 46-page report from the investigation into the incident that claimed two lives was completed late last week by investigators with the sheriff's office. The crash has stimulated debate about safety conditions at the city-owned ski area on Casper Mountain.
At about 2:20 p.m. on Dec. 24, Craig Shirley was snowboarding down a slope at the ski area when he collided with Kelli Johnson and her 5-year-old daughter, Elise, who were both skiing.
Kelli Johnson, 31, had stopped with her daughter about three-fourths of the way down the run to help Elise get a ski back on when Shirley collided with them, according to authorities.
Elise Johnson and Shirley both died.
Kelli Johnson was seriously injured and taken to Wyoming Medical Center in critical condition. She has since been transferred to a Denver hospital, authorities say.
According to several eyewitnesses who spoke to investigators, Shirley was traveling "at a high rate of speed." Several different witnesses put his speed anywhere between 40 and 60 mph.
He struck the stopped skiers at about the same time, and all three were knocked unconscious. Shirley came to rest approximately 178 feet from the site of impact, while Elise stopped 95 feet away and her mother 66 feet away, according to the report.
Kelli Johnson and Shirley were not wearing helmets. Elise was, but the helmet was thrown off at the time of the accident, according to the investigation.
More than 10 people at Hogadon that day submitted written statements to investigators describing what they observed of the accident.
One witness wrote that around noon that day, he observed Shirley "acting inebriated or under the influence walking in the parking lot" and went on to say he appeared "disoriented." The witness noted, however, that he could not tell if it was "a normal condition or induced."
A toxicology report shows Shirley had cannabinoids in his system. Coroner Connie Jacobson, speaking Wednesday, said the amount found in his system was "small." She added there was no way to determine when Shirley could have come in contact with the substance, which is found in marijuana.
The collision occurred on Dreadnaught, a black-diamond run at Hogadon open for the first time this season that day. Ski slopes are designated as black diamonds when they require high skill levels. On the day of the crash, 15 of the 24 slopes offered at Hogadon were open.
Shirley went to the ski area about 11 a.m. A man he went with told an investigator they were at the top of the slopes about 2 p.m. when Shirley decided to go down Dreadnaught. The man said he "tried to talk him out of it," according to the report.
"[He] told Shirley the run had begun to become icy that afternoon and he did not believe they should take it," the report states.
Friends say Shirley -- a 2006 graduate of Kelly Walsh High School -- was an accomplished snowboarder.
One witness who spoke to investigators said Shirley "was traveling in a straight line down the run and was not attempting to slow himself down at all." However, he did not appear to be "out of control," according to the report.
The witness added that he believed Shirley would not have been able to see Kelli and Elise Johnson "until he crested a small hill and would not have had time to try to avoid them."
One of seven ski patrollers who submitted written reports on the incident noted Shirley was "written up. ... several years back for boarding Dreadnaught too fast and not making turns."
A person given a written warning by a ski patroller can be ejected from the ski area if he does not change his behavior, according to Casper City Manager Tom Forslund. Ski officials can ban uncooperative patrons for a day, a year or permanently, he said.
In a media release put out by the Johnson family not long after the accident, Kelli Johnson was described as an "expert level skier, snowboarder and ski instructor." Her daughter was described as an "accomplished skier in her third year of independent skiing that day."
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