Man who reportedly killed son, mother in Broomfield DUI crash pleads guilty to vehicular homicide

September 24, 2024

A man who reportedly killed a high school student and his mom in a DUI crash in Broomfield pleaded guilty Thursday to two counts of vehicular homicide.

Jose Menjivar, 38, was initially charged with two counts of vehicular homicide – DUI; two counts of vehicular homicide – reckless driving; DUI – fourth or subsequent offense; and DUI per se – fourth or subsequent offense.

Jose Menjivar. (Courtesy of Broomfield Police Department)
Jose Menjivar. (Courtesy of Broomfield Police Department)

However, on Thursday, he pleaded guilty to two counts of vehicular homicide – DUI.

Menjivar is in custody in lieu of a $250,000 bond. He is set for sentencing at 9 a.m. on Nov. 8.

The crash happened on Dec. 12 near Main Street and Miramonte Boulevard that killed Melissa Powell, 46, and her 16-year-old son Riordan Powell.

In a letter sent on Dec. 13 to students and families, Broomfield High School Principal Ginger Ramsey said Riordan Powell was a student at both Broomfield High and the Boulder Technical Education Center.

Menjivar was driving a 2000 Toyota Tundra south on Main Street on Dec. 12 when he crashed into a 2016 Mazda CX-5 that Melissa Powell was driving, according to an affidavit. The CX-5 was turning left from eastbound Miramonte Boulevard onto Main Street.

Melissa Powell died at the scene, and Riordan Powell died later at a hospital.

Witnesses told police they observed Menjivar before the crash driving at least 80 mph in the 40-mph speed zone, and that he passed several vehicles while crossing a double yellow center line.

After the crash, investigators found at least two empty beer cans on the front passenger floorboard of Menjivar’s vehicle, another beer can on the roadway and an open beer case in the rear passenger seat with missing cans, according to the affidavit.

Officers also noted that they could “smell an overwhelming odor of an unknown alcoholic beverage emitting from the interior of the Tundra.”

Menjivar was taken to a hospital, where police completed a warrant to have a blood-alcohol test performed. According to the affidavit, his blood-alcohol content was .249, which is three times more than the legal limit of .08.

Menjivar previously pleaded guilty to driving while impaired in Boulder County in 2007 and 2016, according to court records.

Originally Published: September 24, 2024 at 8:19 p.m.

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