Peyton Knowlton (2008 – 2016)

On May 20, 2016, Peyton was riding her bicycle home with her stepfather, Cody Shetley.  They were returning from an event at Fall River Elementary School, celebrating the end of second grade.  In an intersection, she was struck and killed by a pickup truck.  Longmont police suspected that 20-year-old man Kyle Couch, who struck and killed Peyton, was driving under the influence of marijuana.  Couch admitted to having consumed a marijuana edible before the fatal crash.  A Drug Recognition Expert confirmed that Couch was so impaired by marijuana’s THC that he was substantially incapable of safe driving.

Couch was subsequently charged with vehicular homicide, driving under the influence of drugs, and seven other counts.  He was convicted and sentenced to 60 days for careless driving resulting in death and 90 days for using a false identity to purchase his marijuana. Lab testing revealed 1.5 ng/mL of THC in Couch’s blood, which is normal after using marijuana edibles.  Colorado’s 5 ng/mL permissible inference law was passed without consideration of the fact that edible THC results in very low blood THC levels compared with smoked THC.  Nevertheless, Colorado’s law prevented the prosecutor from successfully convicting Couch of DUI.

After the trial adjourned, Mindy Shetley, Peyton’s mother, said, “All I’m going to have is some flowers to take to her grave and mourn with thoughts of what might’ve been.”