Filing of charges delayed in fatal crash; Suspect Ever Olivos-Gutierrez sits in wheelchair in court

Document: Police sergeant witnessed the crash

AURORA, Colo. - Sitting in a wheelchair, the suspect in a fatal crash appeared in court Wednesday, only to have the filing of charges delayed.

Ever Olivos-Gutierrez, 40, of Aurora, is accused of being drunk behind the wheel of a Ford Expedition that collided with a Chevy Camaro at Dayton Street at East Colfax Avenue early Monday morning. The driver of the Camaro, Juan Carlos Dominguez-Palomino, was killed in the crash.

The affidavit for the arrest of Olivos-Gutierrez indicates an Aurora Police Department Sergeant was working in a parking lot on Colfax when the Ford Expedition sped past. The sergeant radioed a report about the vehicle, but witnessed the fatal crash before he was able to attempt a traffic stop.

The document describes the crash as "extremely violent."

Police suspect Olivos-Gutierrez may have been going more than double the speed limit on Colfax when he ran a red light and slammed into the Camaro. He was arrested on suspicion of first-degree murder with extreme indifference, drunk driving and several other charges.

"It is a horrible, horrible tragedy and we are at the DA's (office) are obviously taking this very seriously, along with Aurora Police Department," Assistant DA Mark Hurlbert said outside the court Wednesday. "I've been doing this for almost 20 years now and you still scratch your head that somebody would do this. That somebody would be driving the way they were driving, that they'd be driving drunk on the streets of where we live, where our children live."

Olivos-Gutierrez has no license, three prior convictions for drunk driving and is an undocumented immigrant, police say.

Family members of Dominguez-Palomino were also in the courtroom Wednesday, carrying a picture of Juan Carlos. They declined to comment after the proceeding.

The filing of charges was delayed in this case until Monday at 9:30 a.m.

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