First Degree Murder Charges Filed in Fatal Aurora DUI Case

As reported by the Denver Post, Ever Olivos-Gutierrez now faces at least six charges, including a charge of first degree murder with extreme indifference, for running a stoplight in Aurora earlier this week, allegedly while having a blood-alcohol content of four times the legal limit, which resulted in a collision that killed another driver, 17-year-old Juan Carlos Dominguez-Palomino.

A person may be convicted of extreme indifference murder in Colorado where “with an attitude of universal malice manifesting extreme indifference to human life generally, he or she knowingly engages in conduct that creates a grave risk of death to another and causes the death of another.” Voluntary intoxication is not a defense.

Despite the fact that the defendant already faces a life sentence if convicted of first degree murder, the incident has reignited debates about harsher punishments for drivers with multiple DUI convictions, since Olivas-Gutierrez allegedly had one prior DUI conviction and one prior conviction for driving while impaired. In addition, he was reportedly in the country illegally and faces two additional charges of driving with a revoked license.

The defendant appeared in Arapahoe District Court on Wednesday, handcuffed to a wheelchair and with both legs in casts.

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