Snowboarder charged with petty offense in collision death of famed Colorado ski instructor

The family of Ronald LeMaster, a renowned Boulder ski instructor, is upset that prosecutors aren't pursuing manslaughter charges in LeMaster's skiing death. 

LeMaster died Nov. 30 in a violent collision with a snowboarder at Eldora Mountain Resort, on an intermediate run called Windmill Run, in what LeMaster considered his "home" ski area.

LeMaster, 72, was skiing with his friend Gordon Reece when he collided with Nicholas K. Martinez, 28, of Wellington, according to a Boulder County sheriff’s report.

The collision knocked LeMaster unconscious and caused him to bleed from his mouth, nose and eyes. He was wearing a helmet, but that didn’t protect his body.

The Boulder County coroner said LeMaster suffered “blunt force injuries” — similar to being in a car crash. He had a broken spine, ribs, left collar bone and sternum. Bones in his face were also broken. His liver was cut, and his teeth punctured a hole in his tongue, according to the autopsy report.

LeMaster, a former University of Colorado Boulder Ski Team coach, photographer and trainer of ski instructors, never regained consciousness after the collision. He was pronounced dead in Eldora’s first aid building at 11:41 a.m.

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.

It was the fifth skiing death at Eldora in 2021. Another ski-related death occurred at the resort in February. Eldora seems to have earned a deadly reputation among University of Colorado Boulder students, some of whom have taken to calling the resort “Dead-ora.”

LeMaster’s widow and daughter are upset that Boulder County prosecutors chose to charge Martinez with a petty offense that accuses him of leaving the scene of a collision. The class 2 petty charge carries a maximum penalty of a $1,000 fine.

Merriam’s report continually referred to the “nature of the call” as “manslaughter” and also said “potential criminal charges (could) include reckless endangerment,” a class 3 misdemeanor.

But because no one saw Martinez snowboarding out of control, and he didn’t admit to being out of control, and investigators couldn’t determine if he was under the influence of alcohol or drugs, prosecutors couldn't prove beyond a reasonable doubt that Martinez was guilty of manslaughter, Deputy District Attorney Alison Brand wrote on April 20.

“Based on a complete review of the evidence in this case, the District Attorney’s Office does not believe there is enough evidence to establish the requisite mens rea (a defendant's intention to commit a crime),” Brand wrote. “Therefore, we cannot charge Mr. Martinez with homicide-related charges as there is no reasonable likelihood of success at trial.

“The series of events on November 30, 2021 that led to the death of Ronald LeMaster are horribly tragic, and while homicide-related charges are not appropriate, we acknowledge the immense loss suffered by the family and friends of Mr. LeMaster.”

In an email, Sam Bass, a spokesman for Eldora, said all deaths at the resort over the past 15 months were “tragic and unrelated coincidences.” He pointed out that Eldora won “Best Guest Safety Program” last week from the National Ski Areas Association.

“Safety on and off the slopes has always been, and remains, Eldora’s top priority,” Bass wrote.

Neither Martinez nor his attorney, Stephen Burstein, could be reached for comment. 

Martinez is scheduled to appear June 6 in Boulder County Court.

As news of LeMaster’s death spread, the local and national skiing community began mourning just as the 2022-23 ski season was getting underway.

“He taught and coached in Aspen and Vail, and became well-known for analyzing the techniques of World Cup racers and expert ski instructors, using his own high-definition sequence photos,” according to an obituary in Skiing History Magazine.

LeMaster published two books, “The Ultimate Ski” and “The Skier’s Edge.”

“The news like lightning struck the entire ski world,” Richard Rokos, CU’s recently retired head ski coach, told CU Sports Information in December.

His widow, Melodee LeMaster, did not take the charging decision well.

“On April 29, 2022, I was able to speak with Melodee LeMaster and let her know the district attorney’s office would not be pursuing manslaughter charges in this case,” Merriam wrote in his report. “Melodee was upset with this information. … Melodee wants Nicholas Martinez to have some sort of repercussions for the death of her husband, Ronald LeMaster.”

Ronald LeMaster’s daughter, Alexis, told The Denver Gazette: “It’s really hard not to pass judgment on this person.”

“I’m surprised there was not more action taken,” she said. “It would have been much different if (Martinez) had not tried to leave.”

Alexis LeMaster said the family has not heard from Martinez or his attorney.

“No, he’s made no efforts to reach out,” she said. “But his attorney is probably telling him not to talk to us. … I don’t want to judge him for that lack of reaching out.”

Ronald LeMaster was photographing the CU ski team that morning.

“Dad loved Eldora and he loved the CU racing team,” Alexis LeMaster said.

She said her mom got worried when he didn’t call or show up at the couple’s Boulder home. Then the police showed up.

“I was picking the dog up from the groomer and she called and said, ‘Your dad died,’” Alexis LeMaster said. “Me and my husband had been living in Frisco, but we just drove home. We ended up moving in with her. … I’m basically trying to figure out how my dad managed to run the house. … It’s been a wild transition for us all.”

Melodee LeMaster has health issues and “requires a lot of assistance,” she said.

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.”

Martinez told Merriam he didn’t remember trying to take a cellphone from anyone.

“I asked Martinez why he did not stick around or go get medical attention for himself or LeMaster, Martinez stated he went to the car in order to clean himself up,” according to the report.

“At this time, I told Martinez that LeMaster was deceased from the collision they had. Martinez put his head in his hands and began sobbing.”

When Merriam asked if Martinez would consent to a blood draw, Martinez said “he believed at this time he needed an attorney.”

Since Merriam had no probable cause for an arrest, he let him go. Though Martinez admitted to drinking one “Twisted Tea” alcoholic beverage on the way to the resort, he said he didn’t drink anything else. He also told investigators that he was not under the influence of drugs. Officers did not smell alcohol on his breath.

Denver attorney Jim Chalat specializes in ski law. He’s not involved in the case, but is familiar with Ronald LeMaster.

“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.”

Alexis LeMaster said the family has considered legal action, but is “waiting to see what happens.”

“I’m sure Nick Martinez feels bad, but for him leaving the scene of the accident he should have to do community service or something,” she said. “I don’t know what justice can be served in an accident like that. … If we do file something, there has to be some value out of it. The only thing we’d be interested in saving now is the safety of people on the mountain in the future. I don’t know how winning a civil case would play out for the ski areas to do that.”

She hopes Eldora does something, too, because “it feels like a little more is being dusted under the rug than we’d like,” Alexis LeMaster said.

"Following the accident, the snowboarder’s Ikon multi-mountain season pass was suspended indefinitely at all Ikon pass locations, including Eldora," Bass said.

“Besides being a well-known and beloved teacher and author, Ron LeMaster was a longtime Eldora local and friend to many of us here,” Bass wrote. “Along with his family and vast network of ski-industry friends, we were heartbroken by his passing and we miss him dearly.”