Drunk driver with DUI convictions allegedly kills mom, her son while driving on revoked license
An alleged drunk driver with three prior DUI convictions is accused of mowing down a mother and her teenage son — despite having had his driver’s license revoked.
Jose Menjivar, 37, has been arrested in the crash that killed Melissa Powell, 46, and her son Riordan, 16, in Broomfield, Colorado, at 1:45 p.m. Dec. 12.
He was driving up to 100 mph in a 40-mph zone at the time and was seen speeding past several vehicles, according to an affidavit obtained by 9News.
Menjivar then allegedly struck the Powells’ Mazda CX-5 in a “front to side manner,” causing the vehicle to crash into a tree.
When police arrived, they said, they found the driver unconscious and Menjivar reportedly told officers he did not remember the crash, KDVR reports.
Officers also found at least two empty beer cans on the front passenger floorboard and an open beer case in the rear passenger seat with missing cans.
Another beer can lay on the roadway near the crash site, according to the Denver Post.
Police also noticed an “overwhelming odor of an unknown alcoholic beverage” emanating from the Toyota pickup truck Menjivar was driving, and got a warrant for a blood test, which showed he had a blood alcohol content of .249 — over three times the legal limit.
He was transported to a local hospital for injuries he sustained in the collision and has since been booked into Broomfield County Jail, according to the Denver Gazette.
In the aftermath of the crash, it was revealed that Menjivar pleaded guilty to driving while impaired in Boulder County in 2007 and 2016.
His license was also revoked on July 5, 2019, and would remain revoked through July 5, 2024, but he borrowed his brother’s truck on that fateful day.
Since the Powells’ untimely death, Melissa’s sister-in-law Kim Powell described how “an immeasurable void has been left in our family and communities, and the world feels less bright without them.
“We are overwhelmed with the outpouring of support during this difficult time of year, in which our family has sustained so much loss, and ask for privacy to allow us to grieve,” she told the Gazette.
An online fundraiser set up to help the family following the crash says Melissa was a mother of three and Riordan was a student at Broomfield High School and Boulder Technical Education Center.
“Melissa and Riordan were both a light in many of our lives, and it is hard to even understand and grasp the situation,” it says.
“This inconceivable loss has left the Powell family grappling with grief and unforeseen financial burdens as we head into the holiday season.”
Menjivar is charged with two counts of vehicular homicide, driving under the influence — fourth or subsequent offense and driving under the influence per se — fourth or subsequent offense, both felonies.
He faces a maximum of 36 years behind bars if convicted on the highest charge.
It is unclear if he has retained a lawyer who could speak on his behalf.