It happened near Wadsworth Boulevard and Peakview Drive. Now, family members are questioning why the other driver involved hasn’t been cited or ticketed after an investigator said the driver — who is a Denver police officer — made an improper turn.
‘I’m very frustrated’
“He loved just riding around and listening to music and that was his happy place,” Kirstyn Smith said. She’s Joshua Smith’s older sister.
“He was very outgoing, very sociable. Anywhere he went he knew somebody,” Smith added.
She’s also confounded with questions over an investigation into a crash, ending his life.
“I’m frustrated with the way it’s being conducted,” Smith added.
The fatal crash is being investigated by Colorado State Patrol. Smith was speeding and driving recklessly through a green light while on his motorcycle, according to a report. That same report reveals the other female driver made an improper left turn before the collision. FOX31 has confirmed that the driver was an off-duty Denver officer, who we’re not naming since she’s not been officially charged.
“For them to say they’re unable to determine who’s at fault, even though they know she made the wrong turn, that makes me think it’s because she was a cop,” Smith told us while also making it plain that she’s not speaking to the media because a cop was involved.
“I feel like a lot of people feel that I’m going about it because she’s a cop, and that’s not my intention. It just so happens she was a cop,” she insisted.
Toxicology paperwork reveals Joshua Smith had a BAC of 0.049, just below the legal limit for driving while ability impaired.
His sister admits, “If he was driving recklessly, OK, that was his doing in the accident, but at the end of the day, she had a yellow flashing arrow and he had the right of way.”
Now, three sons are without their father, and an older sister is without her brother and without answers.
“I just want a non-biased investigation to be conducted,” Smith said, adding: “I don’t know if we’ll ever get that at this point.”
Family awaits decision on fault, charges
Smith told FOX31 that another snag in the investigation is the district attorney’s involvement — or lack thereof. She said investigators told her they were sending paperwork to the DA’s office for potential charges weeks ago.
A spokesperson with the First Judicial District Attorney’s Office sent us this statement: “Investigations are conducted by the local law enforcement agency, in this case CSP, until and unless they are presented to our office for filing. This case has not been presented to our office for a filing decision.”
FOX31 reached out to the Denver Police Department about whether the officer involved is still on duty as a result of this incident. Their response: “The Department is aware that [the officer] was one of the drivers involved in the August 6th incident. She immediately reported her involvement to a DPD supervisor pursuant to policy. Since fault is yet to be determined, no internal investigation is underway, and she remains on normal duty in our Patrol Division.”
Joshua Smith’s GoFundMe was created as the family wants to buy a headstone. Although he’s already been cremated, they want his children to have a place to visit their dad.