BROOMFIELD, Colo. — The man arrested in connection with a suspected DUI crash that killed a mother and her teenage son has multiple previous DUI convictions, court records show.
On Thursday, the 17th Judicial District Attorney’s Office announced formal charges against 37-year-old Jose Menjivar.
He's accused of causing a crash near Main Street and Miramonte Boulevard in Broomfield on Dec. 12, that killed Melissa Powell, 46, and her son, 16-year-old Riordan Powell.
Menjivar is charged with:
- Vehicular homicide
- Vehicular homicide
- Driving under the influence - fourth or subsequent offense
- Driving under the influence per se - fourth or subsequent offense
According to witness estimations in an arrest affidavit, Menjivar was driving a pickup truck at a speed between 80 mph and 100 mph in a 40 mph zone. He was passing several vehicles when he struck the victims' SUV in a "front to side manner" causing the SUV to crash into a tree off the east side of the road, the affidavit says.
Menjivar was also taken to a hospital for his injuries, the affidavit reads. Officers inspected his vehicle and noticed "an overwhelming odor of an unknown alcoholic beverage," per the affidavit, along with at least two empty beer cans and an open beer case inside.
Based on these findings, investigators were able to obtain a warrant to draw Menjvar's blood, which showed his initial blood alcohol content to be .249, according to the affidavit — this is more than three times the legal limit.
The affidavit says officers went to the residence of the registered owner of the vehicle Menjivar was driving, who confirmed they had lent their vehicle to Menjivar the day of the crash. The owner was also able to identify him in a photo, per the affidavit.
A clearance through the DMV showed officers Menjivar had his driver status revoked after multiple previous traffic offenses, according to the affidavit.
Court records show that on Dec. 8, Menjivar pleaded guilty to a charge of driving while impaired - with two prior convictions. That charge was from December 2016, court records show.
Court records indicate he was sentenced Dec. 8 to one year in jail and two years of probation.
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