A former Weld County Sheriff’s Office deputy convicted of careless driving for a was sentenced Monday to 10 days in jail — which he can serve by wearing an ankle monitor — plus 100 hours of community service and six months of unsupervised probation for the offense.
A jury in October convicted Tim Boxley, 47, of careless driving, a lesser charge than prosecutors initially sought. The conviction stems from Boxley’s involvement in a November 2015 fatal traffic crash at the intersection of U.S. 85 and Weld County Road 66 that killed Jose Mercado-Nova, 74, of Gill. Boxley was responding to an emergency call from another deputy and driving at speeds up to 101 mph, according to Colorado State Patrol reports. Despite his speed, Boxley did not turn on the vehicle’s emergency lights or sirens, and his car struck Mercado broadside. Mercado later died in the hospital.
Prosecutors initially charged Boxley with careless driving resulting in death. They also gave the jury the option of finding him guilty of careless driving, a lesser charge.
Boxley faced up to 90 days in jail and Weld Chief Deputy District Attorney Ben Whitney said he believes Boxley should serve time in jail because his actions caused the fatal crash.
Defense attorney Jeffrey Wolf argued Boxley has been living with the consequences of the crash for more than a year. “He lost his job. He lost his career and had such a hard time finding employment he is now working in the state of New York and is commuting back to see his family when he can,” Wolf said. “Thatap a severe penalty.”
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