BROOMFIELD, Colo. — A man accused of driving drunk near a Colorado high school and causing a crash that killed a woman and her teenage son pleaded guilty to two vehicular homicide charges Thursday, court records show.
On Dec. 12, 2023, a crash in the area of Broomfield High School, near Main Street and Miramonte Boulevard, took the lives of Melissa Powell, 46, and her 16-year-old son, Riordan Powell. Three days later, 37-year-old Jose Menjivar was arrested in connection with the crash.
An arrest affidavit from the Broomfield Police Department says witnesses of the crash estimated that Menjivar was driving his pickup truck at a speed between 80 mph and 100 mph in a 40 mph zone prior to the crash, passing several vehicles by driving on the double yellow centerline.
Menjivar struck Powell's SUV as she turned left from Miramonte to Main Street, causing the vehicle to crash into a tree, the affidavit says. Powell was pronounced dead on scene, and her son died at the hospital.
Menjivar was also taken to the hospital for his injuries. When officers inspected his vehicle, they noticed "an overwhelming odor of an unknown alcoholic beverage," according to the affidavit, along with at least two empty beer cans and an open beer case inside."
Based on these findings, officers obtained a warrant to draw his blood, which showed his initial blood alcohol content to be .249, which is more than three times the legal limit.
Menjivar was formally charged on Dec. 21 with the following:
- Vehicular homicide
- Vehicular homicide
- Driving under the influence - fourth or subsequent offense
- Driving under the influence per se - fourth or subsequent offense
According to court records, Menjivar had several other DUI convictions and was sentenced for a 2016 DUI out of Boulder County just four days before the crash that killed Powell and her son.
A judge sentenced him to 365 days of work release; however, over an objection from the Boulder County District Attorney's Office, Menjivar was allowed to wait out of custody for a bed opening in the work release program. He was waiting for that bed when the Dec. 12 crash happened.
Court records show that on Thursday, Sept. 19, Menjivar pleaded guilty to two counts of vehicular homicide - DUI.
Menjivar's sentencing was originally scheduled for Nov. 8, but that hearing was continued. His sentencing has been rescheduled for Nov. 22 at 1:30 p.m.
This article includes previous reporting by Janet Oravetz.