- Melissa Powell and her teenage son Riordan died after being involved in a collision in Broomfield, Colorado on December 12
- Jose Menjivar has since been charged with driving under the influence and vehicular homicide
- Previous court cases have revealed that Menjivar has been convicted of driving under the influence in the past and has had his driver's license revoked
A mother and her teenage son were killed in a car crash and police have arrested the man they say was driving drunk – a suspect who has three previous drunk driving convictions.
On Thursday, Colorado's 17th Judicial District Attorney's Office announced formal charges against 37-year-old Jose Menjivar.
Menjivar is accused of causing a crash in Broomfield on Dec. 12 that killed Melissa Powell, 46, and her son Riordan, 16.
Court records seen by News9 show Menjivar has previously pleaded guilty to driving under the influence and has been convicted three times.
According to an arrest affidavit, Menjivar was allegedly driving between 80 and 100 mph in a 60 mph zone when he collided with the Powells.
Menjivar was said to have been traveling between 80 and 100 mph in a 40 zone when he collided with the Powells
Menjivar is accused of causing a crash in Broomfield on Dec. 12 that killed Melissa Powell, 46, and her son Riordan, 16. Both are depicted
The affidavit states that Menjivar was behind the wheel of a pickup truck at the time and saw several vehicles pass by.
The pickup allegedly struck Powell's vehicle from the front to the right, causing their vehicle to crash into a tree.
Menjivar was taken to a hospital for injuries, during which officers noticed an “overwhelming odor of an unknown alcoholic beverage.”
According to the affidavit, officers found at least two empty beer cans and an open beer case in the vehicle.
Investigators obtained a warrant for his blood, which showed his blood alcohol level was 0.249, three times the legal limit for driving.
Menjivar allegedly borrowed the vehicle from the pickup owner on the day of the accident. The affidavit also states that Menjivar's driver's license was revoked following the previous traffic violations.
He was charged with two counts of vehicular homicide and two counts of driving under the influence in connection with the fatal wreck.
A GoFundMe has also been set up to help the family cope with the loss of the two, which has raised more than $39,000 so far.
Since the death of Melissa and her son, her sister-in-law Kim Powell says The Denver Gazette: 'There is an immeasurable void left in our families and communities and the world feels less bright without them.
“We are overwhelmed by the outpouring of support at this difficult time of year, when our family has suffered so much loss and is asking for privacy so we can grieve.
A GoFundMe has also been set up to help the family cope with the loss of the two, which has raised more than $39,000 so far.
A message accompanying the fundraiser reads: “Melissa Powell, mother of three, and Riordan Powell, student at Broomfield High School and Boulder TEC, were killed in a senseless reckless driving incident in Broomfield, Colorado, on Tuesday afternoon, December 12 . 2023.
“Melissa and Riordan were both lights in many of our lives and it is difficult to even understand and comprehend the situation.
“This unimaginable loss leaves the Powell family struggling with grief and unforeseen financial burdens as we enter the holiday season.”
Menjivar faces a minimum sentence of 12 years in prison, but the maximum sentence could be up to 36 years if convicted of the most serious charges.