Well there were at least 4 people, LeMaster’s friend Gordon Reece, and another person who took the phone back.
Here’s about as complete a statement of what happened as I’ve seen.
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Martinez suffered a bloody nose and possibly a concussion. When Reece checked on his friend, he noticed that LeMaster was still breathing, but unconscious, according to a report written by Sgt. Asa Merriam.
“Reece said he told Martinez to stay and wait for ski patrol to arrive and Martinez said something to the effect ‘It was only an accident man!’” according to the report.
Reece thought Martinez was going to leave, so he took pictures of Martinez with his cellphone.
“Reece said when he did this Martinez grabbed the phone out of his hand and would not give it back,” according to the report. “Reece said someone else grabbed the phone from Martinez and handed it back to him. Reece said Martinez then skied away.”
The ski patrol found Martinez in the parking lot, in his friend’s car. He had changed out of his ski pants and boarding boots…
Reece told investigators that he saw the collision, but did not see how fast Martinez was going before the crash.
“The collision occurred about 50 (feet) to my right,” Reece told investigators. “The impact caused both involved to tumble and slide about 100 (feet). The trajectory of the slide was downhill and across the fall line, skiers right to skiers left. Ron LeMaster stopped about 100-150 (feet) below me. The snowboarder skid another 30-50 feet downhill from where Ron’s body came to rest. This indicates to me the speed of the snowboarder and force of the impact.”
Martinez told investigators that his only choice was to hit Ronald LeMaster, or a tree, as he boarded on the left side of the run.
“Martinez said as he was coming down the left side of the run, he could see LeMaster in front of him weaving back and forth in the center of the run,” according to the report. “Martinez said as he was getting closer to LeMaster, LeMaster took a sharp turn and began coming towards the left side of the run. Martinez (stated) he began yelling 'Left, left, left' attempting to let LeMaster know he was on the outside of the run. Martinez said he was unable to avoid the collision with LeMaster and their heads collided.”
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“We’ve handled more of these cases than any other firm in the nation,” said Chalat, of Chalat Hatten and Banker.
“I’m surprised the snowboarder was only charged with leaving the scene. This sounds like reckless conduct,” Chalat said. “I’ve not been contacted by anyone in the case … (but) the family would have a civil claim of wrongful death.”
Civil cases have a lesser burden of proof than criminal cases.
Most skiers are familiar with the waiver language on every lift ticket — the skier assumes responsibility for the risks involved in the dangerous sport.
“Skier collision cases are not barred by that assumption of risk,” Chalat said. “Skiing is not a contact sport. … Skiers have a duty to maintain control, look out and be aware of their surroundings. The presumption is that the downhill skier has the right (of) way.”
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