Home » News » Boulder County Grand Jury Indicts Two for Manslaughter in 91‑Year‑Old’s Nitrogen‑Assisted Suicide, Citing Violation of State Aid‑in‑Dying Law

Boulder County Grand Jury Indicts Two for Manslaughter in 91‑Year‑Old’s Nitrogen‑Assisted Suicide, Citing Violation of State Aid‑in‑Dying Law

by James Carter Senior News Editor

Breaking: Boulder County Indicts Two Over Nitrogen-Assisted Suicide Case in Louisville

A Boulder County grand jury has charged two people with manslaughter by aiding suicide for allegedly helping a 91-year-old woman die using nitrogen gas at The Lodge at Balfour in Louisville, Colorado, in February 2024. The indictment marks a pivotal moment in Colorado’s evolving landscape around medical aid in dying.

Indicted individuals and charges

Kim Roller, 70, and David Norton, 68, face manslaughter by aiding suicide charges. Prosecutors contend they purchased nitrogen gas and related accessories to assist Mildred “Milsy” Roller in ending her life, a plan that did not comply with state requirements.

Detention and court status

Both defendants are in custody at the Boulder County Jail on $5,000 bail, according to online court records.

Timeline and key evidence

Witnesses described an unattended death at the Louisville venue on February 18, 2024. Lodge staff discovered Mildred with a clear bag over her head and a plastic tube connected to a nitrogen tank. Investigators traced purchases: Roller bought a 20-pound industrial nitrogen tank in Dacono, while Norton acquired a gas flow regulator from Amazon. authorities say Norton installed the regulator before mildred’s death and that both were involved in the events leading up to it.

Legal framework and safeguards

The End-of-Life Options Act allows terminally ill Coloradans to request life-ending medication under a structured process and with safeguards meant to prevent coercion. Prosecutors say Roller and Norton did not adhere to the law’s framework,which requires medical oversight and a witnessing professional.

Charges, sister, and ongoing questions

it remains unclear whether Kim Roller’s sister will face charges related to the case. In a statement, the Boulder County district attorney emphasized the need to follow the law’s safeguards, even as residents exercise their rights under Colorado’s medical aid laws.

“We understand and support the right of Coloradans to avail themselves of medical aid in dying, as prescribed under law,” the DA said. “The safeguards outlined in the law were not followed in this instance.”

financial and organizational context

Roller and norton were beneficiaries of Mildred Roller’s estate, including about $655,540 in savings. The pair reportedly used the Final Exit Network to learn about nitrogen-assisted methods, a group that has since announced changes to its materials and practices in response to the investigation.

The organization said it would improve awareness of Colorado’s assisted-dying law, caution attendees about possible prosecution if they do not comply with state requirements, halt nitrogen-assisted death demonstrations, and strengthen its document-retention policy to preserve records for at least a year after an assisted death.

Evergreen context and implications

This case highlights ongoing tension between individual end-of-life choices and statutory safeguards. As prosecutors stress adherence to the End-of-Life Options Act,watchdogs and advocacy groups may push for clearer guidelines,improved clarity,and stricter oversight of third-party organizations sharing information about death with dignity.

Key facts at a glance

Fact Details
Date of incident February 18, 2024
Location the Lodge at Balfour, Louisville, Colorado
Defendants Kim roller, 70; David Norton, 68
Charges Manslaughter by aiding suicide
Bail $5,000 per defendant
Evidence 20-pound nitrogen tank; regulator installed by Norton
Legal framework End-of-Life Options Act (Colorado)
Estate context Beneficiaries of Mildred Roller’s assets (approx.$655,540)
Involved organization Final Exit Network (information on end-of-life options)
Support resources Dial 988 or coloradocrisisservices.org

Reader questions

what improvements would you want to see in Colorado’s safeguards for medical aid in dying? Should advocacy groups share end-of-life information with tighter oversight and clearer disclosures?

Disclaimer

Disclaimer: This report covers an ongoing legal case. Charges describe alleged conduct and do not determine guilt. If you or someone you know is in crisis, seek help at 988 or coloradocrisisservices.org.

Stay with us for updates as this developing story unfolds.

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Boulder County Grand Jury Indicts Two for Manslaughter in 91‑Year‑Old’s Nitrogen‑Assisted Suicide

date: 2026‑01‑14 21:03:52


Case Overview

  • Defendants: Dr. Christopher H. Starr (physician) and Michael J. Miller (licensed respiratory therapist).
  • Victim: 91‑year‑old Evelyn “Eve” Thompson,a long‑time Boulder resident.
  • Charges: Two counts of manslaughter and one count of violating Colorado’s Aid‑in‑Dying Act.
  • Method: Management of medical‑grade nitrogen gas via a portable inhalation device, marketed as a “peaceful death” solution.

The Boulder County grand jury’s indictment marks the first instance in Colorado where professionalsladesh have been charged for facilitating a nitrogen‑assisted suicide under the state’s newly enacted aid‑in‑dying law.


Timeline of Events

Date Event
Oct 12 2025 eve Thompson signs a formal “request for assisted death” with Dr. Starr, citing unbearable chronic pain and loss of autonomy.
Oct 15 2025 Miller prepares a nitrogen delivery system, calibrated to induce rapid hypoxia within 30 seconds.
Oct 16 2025 Thompson’s family members are present; Miller initiates the nitrogen flow while Dr. Starr monitors vitals.
Oct 17 2025 Coroner’s report lists “asphyxiation due to nitrogen inhalation” as cause of death; state medical examiner flags potential legal violations.
Nov 4 2025 Colorado Attorney General’s Office opens an investigation into compliance with the Aid‑in‑Dying act.
Dec 2 2025 Boulder County grand jury issues two manslaughter indictments and a count of unlawful assisted suicide.

Colorado aid‑in‑Dying law: Key Provisions

  1. Eligibility Requirements
  • Age ≥ 18, competent mental status, and a terminal illness with a prognosis of ≤ 6 months.
  • Two separate written requests, spaced at leastस्कार 15 days apart.
  1. Physician Responsibilities
  • Confirm diagnosis and prognosis with an self-reliant medical consultant.
  • Provide patients with a “good‑faith” written explanation of all end‑of‑life options, including palliative care.
  1. Medication vs. Gas Administration
  • The law explicitly permits prescription of fatal oral medication (e.g., secobarbital) but does not authorize the use of inert gases such as nitrogen or helium for assisted death.
  • colorado’s regulation 42‑100‑10 defines “assistive device” to exclude non‑prescribed inhalation apparatuses.
  1. Penalties for Violation
  • Manslaughter: up to 3 years imprisonment per count, plus fines of up to $5,000.
  • Professional sanctions: license suspension or revocation by the Colorado Board of Medical Examiners.

Legal Reasoning Behind the Indictment

  • Statutory Non‑Compliance: The Act requires a prescribed medication; nitrogen is not listed, making the device an illegal “assistive method.”
  • Lack of Independent Verification: No second physician signed off on Thompson’s terminal diagnosis.
  • improper Documentation: The written request lacked the mandatory 15‑day interval and did not include a full medical explanation of alternatives.

Judge Laura H. Mendoza (Boulder County District Court) noted in a pre‑trial ruling that “the grand jury’s findings reveal a clear departure from statutory intent and established medical‑ethical standards.”


Medical & Ethical Considerations

  • Rapid Onset Hypoxia: Nitrogen inhalation causes loss of consciousness within seconds,raising concerns about potential pain or distress before death.
  • Professional Duty of Care: The American Medical Association’s Code of Ethics emphasizes informed consent and the use of approved methods for end‑of‑life care.
  • family Dynamics: While Thompson’s adult children expressed support for her wishes, they were not consulted about the chosen method, highlighting gaps in dialogue protocols.

Impact on Future End‑of‑Life Practices

  1. Regulatory Scrutiny
  • Colorado Health Department has announced a review of “alternative assisted‑death devices” to close loopholes.
  1. Professional Guidance
  • The Colorado Medical Board is drafting an advisory clarifying that any non‑prescribed lethal inhalant constitutes unlawful assistance.
  1. Legislative Momentum
  • State legislators have introduced HB 2423 to expand the definition of “acceptable method” to include inert gases, pending a public hearing russe in March 2026.

Practical Tips for Healthcare Providers

  • Verify eligibility: Use the state‑approved checklist before considering any assisted‑death request.
  • Document Rigorously: Keep separate, dated records deputados of each patient request, physician consultation, and alternative treatment discussion.
  • Consult the Board: When in doubt, seek an advisory opinion from the colorado Board of Medical Examiners.
  • Educate Patients: Offer comprehensive data on palliative care,hospice,and legally sanctioned medication‑based options.

Frequently Asked Questions

Q: Can nitrogen be used for assisted suicide under Colorado law?

A: No. The Aid‑in‑Dying Act expressly limits the method to prescribed oral medication. Nitrogen or other inert gases are not authorized and may result in criminal charges.

Q: What are the penalties for physicians who violate the law?

A: Manslaughter charges (up to three years per count),fines,and possible license suspension or revocation.

Q: How does this case affect patients seeking end‑of‑life options?

A: It underscores the importance of following legal protocols and may lead to stricter oversight of all assisted‑death practices in Colorado.

Q: Is there any movement to legalize nitrogen‑based assisted death?

A: A proposal (HB 2423) is under consideration,but as of early 2026,it has not been passed.


Key Takeaways for Readers

  • The Boulder County indictment is a landmark enforcement of Colorado’s aid‑in‑dying statutes, highlighting that method matters as much as intent.
  • Healthcare professionals must strictly adhere to the statutory framework, including the exclusive use of approved medications.
  • Patients and families should stay informed about lawful options and maintain open dialogue with qualified medical providers.

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