A grieving family says Colorado law let a texting driver off easy and failed their son, who was killed while crossing the street.
In August 2023, the lives of the Stratton family were forever changed when their 10-year-old son, Oliver, or “Ollie,” was struck and killed by a woman who was texting while driving.
“She was texting while driving on that day that she killed our son,” Clarissa Stratton told Fox News Digital.
“One text message nearly every 22 seconds for over a half hour on repeat,” she said.
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In August 2023, he took his bike to ride around the neighborhood. His parents said he was two-thirds done crossing the street when a car barreled into him.
He later died in the hospital.
The driver who killed Oliver was Amy Weiss, a local middle school teacher. It was later revealed that the 54-year-old had been texting nearly every 22 seconds in the half hour leading up to the crash.
On March 7, 2025, she was sentenced for careless driving resulting in death and tampering with evidence. She received the maximum penalty allowed under Colorado law: one year, served concurrently with a 364-day sentence.
“In Colorado, because this was charged as a traffic misdemeanor, they classify texting and driving as careless behavior instead of reckless, even though it is a purposeful choice,” Clarissa said. “They put it in the same category as being distracted by the sun.”
“People are sentenced to more for stealing,” she said.
Weiss was granted work release, meaning she serves her time at a facility but can leave for work, church or appointments. She also, according to the Strattons, successfully petitioned the court to attend her daughter’s out-of-state graduation.
“Every important moment of my child’s life is over. And the judge didn’t want her to miss her daughter’s graduation,” she said.
Photos of the Larimer County women’s residential facility reveal the lifestyle provided to inmates who are granted an alternative sentence option.
The devastated parents said the Colorado legal system seemed more focused on accommodating the perpetrator than honoring the gravity of their son’s death.
“When you’ve been convicted of such a minor charge, it opens the door for these flexible sentencing accommodations in lieu of actual jail time,” they said. “The judge didn’t want her to miss out on her daughter’s graduation. How is this justice? It just isn’t.”
In the wake of Oliver’s death, the Strattons have become vocal advocates for legal reform. They testified before the Colorado Senate Judiciary Committee in support of a bill to elevate careless driving resulting in death from a misdemeanor to a felony.
Though lobbying efforts led to that provision being removed, the family remains determined.
“Texting and driving is the new drinking and driving,” Clarissa said. “We have to stop pretending like nothing can be done.”
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The parents said that they would continue to fight for other children in Oliver’s honor.
Their fight led them to start Oliver’s Bike Parade, a nonprofit that strives to make streets safe for everyone through community education, legislative advocacy, and remembering victims like Ollie.
Oliver was the Strattons’ third child in the close-knit family of six.
Clarissa said her son was “smart, funny, kind, energetic, enthusiastic, and really, really silly.”
“Ollie was nice to everyone, even those who were mean to him… they don’t make them quite like Ollie Kane.”
His father, Rod, told Fox News Digital that stories from his memorial service illustrated his kindness. One boy, he said, recalled how the 10-year-old noticed he had stopped participating in recess races because he always lost foot races.
Ollie offered to practice running with him every day “so he could improve,” Rod said.
“Ollie left a lasting impact on everyone who knew him,” Clarissa said.
Fox News Digital has reached out to the Larimer County Sheriff’s Office for comment.
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