Man charged with aggravated homicide by vehicle following ATV death of Ashton woman
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TETON COUNTY, WY — A 71-year-old Ashton man has been charged with the death of a 56-year-old Ashton woman after he reportedly crashed into her while drunk driving in an ATV.
Kim Reynold Niendorf is charged in Teton County, Wyoming, with aggravated homicide by vehicle, possession of a controlled substance, careless driving, and failure to pass at a safe distance.
According to court documents, on Sunday, around 1:50 p.m., the Teton County, Wyoming, Sheriff’s Office and the Fremont County, Idaho, Sheriff’s Office received 911 reports of an ATV accident with injuries on Flagg Ranch Road in Teton County.
The road is a dirt road maintained by the U.S. Forest Service near Indian Lake.
Deputies were told a woman had suffered serious injuries and CPR was being performed. Deputies, medics, and an Air Idaho helicopter were dispatched to the scene.
When they arrived, deputies reported that alcohol was suspected to be a factor in the collision, according to documents. After approximately an hour of rescue efforts, officials pronounced Shelly Rae Phelps dead at 2:58 p.m.
A Teton County Sheriff’s Office sergeant arrived on scene and reportedly learned the ATV occupied by Phelps was now on the shoulder of the eastbound lane, facing the opposite way.
“The vehicle displayed significant damage to the windshield and passenger side, with evidence indicating it had crossed from the westbound lane into the eastbound lane before leaving the roadway and colliding with a pine tree,” the probable cause affidavit states. “Blood and disturbance in the dirt and grass indicated a significant injury had occurred at the site.”
Investigators spoke with a relative of Phelps who was in the ATV with her. The relative had reportedly suffered “facial lacerations” and said the two of them were traveling approximately 30-35 miles per hour when a second ATV attempted to pass them.
“Due to the trauma of (the victim’s) death and his own injuries, (the relative) was unable to provide detailed information,” the affidavit says.
Deputies spoke to the driver of the ATV that allegedly tried to overtake Phelps’ vehicle, identified as Niendorf. Court documents say he “emitted an odor of an alcoholic beverage and admitted to consuming one Twisted Tea.”
He then reportedly told deputies that he had been following Phelps’ ATV around 30-35 miles per hour and tried to pass them. According to Niendorf, he “only intended to come alongside their ATV but later changed his version of events multiple times.”
Investigators say Niendorf denied colliding with Phelps’ ATV, “asserting instead that their crash came from an ice or snow patch.” Deputies say the evidence contradicted this with a black circular rub mark, consistent in height and size with an ATV tire, on the passenger side door of Neindorf’s ATV.
“The evidence clearly indicated (that) Phelps’ ATV had been side swiped by Neindorf’s ATV,” court documents say.
Deputies requested that Niendorf perform a DUI test. At this point, Niendorf stated that he had also taken prescribed muscle relaxants and disclosed prior medical issues involving his knee, shoulder, and back, but despite these, he still agreed to the DUI test.
Court documents say he failed the majority of the DUI test, and during a search of Niendorf’s ATV, deputies say they found a marijuana dispensary container containing a THC gummy.
Niendorf was arrested and booked into the Fremont County Jail on $300,000 bond. Court appearances have not yet been scheduled.
Phelps was married, had two children and three grandchildren, according to her obituary.
“She loved being their Nona, biggest cheerleader, and never missed a chance to share a hug, a laugh, or a story that made them smile,” it says. “(They) built a home filled with laughter, and created a lifetime of memories. Her love for Scott and their family was the heart of her world.”
Phelps worked in the accounting department at Fall River Electric. Her funeral will be held on Friday in Ashton.