Updated: 07/02/2014 11:01 PM
Created: 07/02/2014 8:28 AM KSTP.com
By: Cassie Hart
The driver who allegedly hit and killed a 33-year-old woman as she was biking with her kids Monday in southwestern Minnesota made his first court appearance Wednesday.
The judge advised 25-year-old Christopher Weber of the charges and his rights. Weber has been charged with one count of criminal vehicular homicide and one count of criminal vehicular operation.
State troopers say Weber was distracted by his cellphone when he hit and killed Andrea Boeve, of Steen, around 11:30 a.m. on Highway 270 in Rock County.
According to the Minnesota State Patrol, Boeve was on a bicycle towing her 1-year-old and 4-year-old daughters while heading east on the road when she was hit. One child suffered a broken rib and a punctured lung. The other child was treated for minor injuries.
According to the criminal complaint, Weber said he was on his cellphone checking a voicemail, and he did not remember seeing the woman or the bike.
Weber said all of a sudden he heard a thump, looked in his rear-view mirror and saw the bicycle, according to prosecutors. He said he immediately stopped and found Boeve in the ditch. Weber said another woman stopped and he told her to call 911. As for the children, Weber said he did not see them but another woman brought them to safety, according to the complaint.
Weber administered CPR until police arrived, the complaint states. Boeve died on the scene.
The court set Weber's bail at either an unconditional $50,000 bond or a conditional bond of $20,000. The Rock County District Attorney says the conditions are for Weber to stay in the area and not operate a commercial vehicle.
“This defendant has no criminal history whatsoever; he was very forthcoming with the officer. Two reasons we really look at are probably safety and flight risk. He's not likely to re-offend and he's not indicated any sort of thing that would lead the court to think he's a flight risk and would not come back and face the charges," said Jeff Haubrich, assistant county attorney.