By KALIN KROHE
Panhandle Post
On April 10, 37-year-old Ryan McElroy, Salina, Kan., killed 22-year-old Blythe Boness of Alliance in a vehicle crash on Highway 2 east of Alliance.
"As we know on April 10, 2022 in the afternoon, victim in this case, Blythe Boness, was traveling eastbound on Highway 2 in Box Butte County, Nebraska," Edward Vierk of the Nebraska Attorney General's Office said in Box Butte County District County Monday.
"Blythe had just dropped off her fiancé Bailey to pick up a used truck that would be their future ranch truck. Blythe and Bailey were putting the pieces in place for their life together as husband and wife on a ranch. In fact, at the time of the crash that would soon happen, Bailey was following Blythe approximately two and a half miles behind her in this new used truck that they had purchased."
"At the time, Blythe was driving her Ford Escape SUV. In her vehicle, she had no other human passenger. She did have her and Bailey's four companions, their loyal dogs, not all of which would survive the upcoming event. And at the same time, the defendant, Mr. McElroy was traveling westbound on Highway 2. He was alone in his Camaro. At that time, he was driving on a suspended Kansas license and in fact, in Kansas, he did have a warrant out for his arrest. He had been drinking that morning, but he'd run out of alcohol and got in his car to go buy more alcohol. At approximately mile marker 92.5 in Box Butte County, Mr. McElroy crossed the center line and began driving in the eastbound lane of Highway 2. This was the lane that Blythe was properly driving in. Blythe made an evasive maneuver to try to avoid Mr. McElroy's oncoming car. She moved towards the north shoulder rather than trying to endanger herself by going into a ditch and the defendant then made another maneuver, returning to his lane, and he struck Miss Boness vehicle. As a result of this collision, Miss Boness was ejected and was killed."
Boness was not using a seat belt at the time of the crash and both vehicles were traveling slightly above the 65 MPH speed limit. McElroy hit Boness at approximately 73 MPH.
McElroy was extracted from his vehicle by first responders and flown to Regional West Medical Center in Scottsbluff for treatment. His Blood Alcohol Content was .235 grams per 100 ml of blood.
McElroy was previously convicted of a DUI in Gage County on June 12, 2008 and another DUI in Salina, Kansas that year.
"In addition to this trauma, Blythe's fiancee, who I'd stated earlier had been following about two and a half miles behind, did arrive at the scene," Vierk said. "The worst nightmare possible he finds his fiancee underneath her vehicle, Bailey attempted to lift the vehicle off of her, but obviously could not. And he's still wracked with guilt that he was unable to do so. Mr McElroy is actions and choices that day provided lives, family and friends with the worst day of their lives. Mr. McElroy however his series of bad choices took Blythe away from her mother, her father, her fiancé, her brother's, the rest of her family or friends in her community. When we look around this courtroom, it's clear the damage to the community that Mr. McElroy has wrought with his bad and selfish choices. Blythe's mother Teresa didn't have an easy time giving birth to her daughter, she's been affected by this. She was on five months bed rest when she carried Blythe with every doctor telling her she was going to lose the baby. Despite the odds Blythe was healthy baby and she lived a short life that enlightened the lives of all those around her."
"Your Honor, this is a sad case," McElroy's attorney Stacy Bach said. "When I took this case on, I knew I wasn't going to be popular in the community. But, I had a duty and obligation and that's what we do as defense counsel, we represent our clients to the best of our ability. Mr. McElroy...after he got out of the hospital, and after I had an opportunity to meet with him, and after he was able to bond out of jail...he and I came into my office and we sat down. As defense counsel, it's my job to review every ounce of the evidence to review all the transcripts, and help my client make determinations on how to proceed to trial. In reviewing those transcripts and viewing the evidence, it was clear that there was no seatbelt being worn. It was clear there was a high rate of speed on the part of both parties. There were also issues of whether or not Ms. Boness was on her cell phone at the time. There were also issues that were being addressed, instigated by the firm that we intended to hire as expert witnesses, whether or not this was avoidable-- whether or not the evasive actions that she took were inappropriate. And again, those are what defense counsel does. As I sat and talked with Mr. McElroy about that, he said don't do it. I'm not gonna put the family to trial. I'm guilty. I was drunk. I caused the accident. He came into court. This court said, How do you plead? And he said, I plead guilty. He didn't plead no contest, which is what I tell 99% of my clients to do when there's civil litigation potentially. He said I don't care. I caused the accident, I'm absolutely guilty. I think that's what he told the court. This is hard for me. It's hard for Mr. McElroy. It's hard for these people behind me to sit here and listen to this today. But, it's closure. And I hope that this court gives them the closure that they need."
Bach then spoke about McElroy's criminal past.
"Mr. McElroy when he turned 29, I think he kind of had an epiphany," Bach said. "And that's when, for the most part, his criminal record left. He had a couple of things...no proof of insurance in 2018, and then got sideways with a girlfriend in 2020. And then there was this. The two prior convictions, although valid, are all right on the cusp of not being usable offenses anymore. They're 14 and a half years. In Nebraska, it's a 15 year look back period. Doesn't discount it. They're there. It's an enhanceable offense. And that's what the courts done and my clients not objecting to that. When we look through here, your Honor, I know you have a range that you can do a range from one to 50 years. I'm asking for the opportunity for Mr. McElroy to be able to get out at some point, put what he has learned to use, whether that's to go to schools and talk about driving and drinking and telling kids what he did. The court has the opportunity to put two numbers out there bottom to top. And so what we're asking for is at least somewhere in the middle for the bottom number and top numbers up to the discretion of the court. I know this, again, has been hard on everyone. But I appreciate that Mr. McElroy stood up, took responsibility for his actions in this case, and didn't drag this family through anything more than what they've already suffered."
McElroy then spoke to the court.
"I just wrote this today," McElroy said "For six months. I've thought about what to say today and just have so many thoughts and everything is like a snowball and it just melted together. I had to say something today because I didn't want to feel like a coward. I don't know how to say what I want to say, I cannot imagine the grief that I put everyone through. This is one of those things that unless it actually happens to you, you will never thoroughly understand how it feels. Nothing I say will return what's lost or heal their broken hearts. I've had the privilege today to read some of the letters. I feel the sadness radiating from these letters. I can't fault anyone for feeling the way they do about me, I would too in their shoes. One letter that stuck out to me had a different message. One that said they hope my heart and mind find a different path. And I hope so. I'm sorry is not enough. No words will ever be enough. But, still I'm sorry. In the end, I had a choice that day to drink and drive. I wish more than anything that I could go back and do better."
"This is just a very difficult, tragic case," Box Butte County District Court Judge Travis P. O'Gorman said. "I wish there was something magical that I could say today that would take away all the pain and hurt and anger in this room. And I've been doing this long enough. I know that that's not possible for me to do. All I can say is the people here from Miss Boness, is that you have my most sincere condolences and I'm very sorry for your mom. We've all heard Mr. McElroy, you do have a concerning record to prior DUI offenses, one of which had a child in the vehicle, some theft offenses as well as two prior domestic offenses, which all contribute to the present report finding that you are high risk to reoffend. As noted by the prosecution going to treatment on multiple occasions, but still continuing to drink and drive. You admit and your criminal history is in your words fueled by alcohol. And that's what the evidence in this case shows."
McElroy was sentenced to a term of "not less than 45 years, not more than 50 years" in the Nebraska State Prison. McElroy was credited for the 108 days already served. He will be eligible for parole in 22 1/2 years.
McElroy was also ordered to pay the cost of the prosecution and his driver's license was revoked for 15 years. His mandatory discharge will be in 25 years.