Prosecutor: Suspect may have been doing drugs

Erica D. Johnson

Friday, April 18, 2003 | 11:23 a.m.

The man authorities say went on a drunken driving rampage in a northwest neighborhood could have also had drugs in his system when a bicycling father and son were hit, killing the father, a Clark County prosecutor said this morning.

Witnesses say Michael Krivak, 40, could have been high on drugs on Tuesday when he caused a chain of accidents that resulted in the death of Chris Holt, 44, Chief Deputy District Attorney Gary Booker said.

"The defendant was over 0.10 (alcohol level) and we believe he may have had some drugs on board as well," Booker told Las Vegas Justice of the Peace Ann Zimmerman this morning during Krivak's first court appearance.

Eight-year-old Chance Holt suffered multiple cuts andinjuries to his leg in the collision.

Booker said authorities are waiting for blood test results to determine the types and amounts of substances Krivak had in his system before filing a formal complaint.

Krivak is due back in court Thursday. Holt's sister attended the hearing but declined to comment.

Krivak faces two counts of felony driving under the influence, one causing death and one causing bodily harm, and up to four counts of leaving the scene of an accident, Booker said.

The DUI counts each carry a two to 20 year sentence and are non-probationable. They each carry a two- to 15-year sentence, Booker said.

Police say Krivak, who was driving a red pickup truck, failed to stop at a red traffic light on Torrey Pines Drive and Lake Mead Boulevard and rear-ended a 1996 Chevrolet minivan driven by Samantha Zamora. Zamora was not seriously injured.

The truck was going 45 to 55 mph on Torrey Pines when it hit the two cyclists.

That collision triggered another series of smaller accidents when Krivak tried to flee the scene through residential areas.

Additional charges could be levied against Krivak once authorities complete the investigation on the smaller accidents, Booker said.

"We're waiting to find out if others were hurt in the accidents," he said. "We probably have enough to file a complaint now, but we'd really like to get more evidence in."

Krivak this morning also appeared before two other judges in an effort to handle issues resulting from prior arrests.

Krivak faced two fugitive warrants in New Mexico, one of which was a DUI felony charge out of Aztec, N.M., in 2002, Deputy District Attorney Bruce Nelson said.

Krivak waived extradition on those cases. He won't be transported back to New Mexico until the conclusion of his Las Vegas case, Nelson said.

Krivak's rap sheet contains at least 13 prior arrests in New Jersey, New York, Texas and New Mexico, dating to 1983.

Those arrests include assault, burglary, fraud, assault on a minor and possession of narcotics paraphernalia charges.

Krivak has at least five prior DUI arrests, four of which led to convictions, Nelson said.

Krivak could also have a case pending in Colorado on charges of assaulting a judge, Nelson said.

Krivak's New Mexico driver's license was revoked through 2009. Though he obtained a Nevada identification card in January, it was unclear whether he was able to obtain a Nevada driver's license, Nelson said.

Mark Fierro, a spokesman for the Holt family, said the family wants to see Krivak punished.

"He should have never been on the street to do this terrible thing to this very good family," he said.

Fierro said the family is suffering financially in the wake of Holt's death. Holt, who left behind his pregnant wife, Susan, and another infant, owned an office cleaning service that has gone under, and the family faces numerous medical bills, Fierro said.

"They are just now beginning to focus on the economic realities," he said. "The family is not in good economic shape."