Crime

Victoria Barry nearly triple legal alcohol limit when wrong-way crash killed Lilly Duncan

One of the most shocking incidents of May 2011 involved the wrong-way crash that killed Lilly Duncan, a 31-year-old Colorado Springs mom, leaving her daughter Dyrah, then twelve, without a living parent. Victoria Barry was arrested for the crime -- and while her conviction on most of the counts against her provides closure for Lilly's loved ones, it hardly compensates for their loss.

As we reported last year, Dyrah and Lilly's mom, Diana Smith, were emotionally devastated in media appearances following the crash. Diana tearfully noted that Lilly wouldn't be there when Dyrah got married or had a child, while Dyrah demonstrated amazing maturity for someone in her position when she said,"Even though the girl did a wrong thing, that doesn't make her mean."

True enough -- but the repercussions of her actions early on May 14 of last year were undeniably cruel. According to the arrest warrant affidavit on view below, a dark blue Lexus driven by Barry was traveling southbound in the northbound lanes of Intersate 25. One driver was able to swerve out of the way, but others weren't so lucky. The Lexus soon struck a gold Nissan driven by Duncan, who was pronounced dead at the scene. The collision then caused the Lexus to spin into a third vehicle, a red Mercury SUV containing Christopher Saenz, Marsha Barela and Jason Maez, the latter of whom was just eight years old. All three had to be transported to a hospital, but fortunately, their injuries were minor.

As for Barry, she told officers that earlier in the evening, she'd had a drink at the Candlelight Tavern -- and it must have been a mighty big one, given that she reportedly registered a .219 blood alcohol content -- nearly triple the legal limit. According to her, she remembered getting into her car and entering the highway, but that was pretty much it, at least until she realized she was surrounded by firemen.

A jury didn't convict Barry on every charge against; she was found not guilty of a third-degree assault accusation. However, she was convicted on an identical charge in addition to two counts of vehicular homicide and driving under the influence. At this writing, her next court date hasn't been set. However, she faces up to twelve years behind bars.

Here's a larger look at Barry's mug shot, followed by the aforementioned affidavit.

Victoria Barry Affidavit

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Michael Roberts has written for Westword since October 1990, serving stints as music editor and media columnist. He currently covers everything from breaking news and politics to sports and stories that defy categorization.
Contact: Michael Roberts