Man accused of killing cyclist had 0.33 blood-alcohol level

Erica D. Johnson

Thursday, April 24, 2003 | 9:59 a.m.

Erica D. Johnson

The blood-alcohol level of the man who is accused of killing a bicyclist was more than three times the legal limit when the collision occurred, prosecutors announced this morning.

Michael Krivak's blood-alcohol level was 0.33 when he was tested about an hour after the April 15 collision that killed Chris Holt, 44, and injured his 8-year-old son, Chance, Chief Deputy District Attorney Gary Booker said. Driving with a blood-alcohol level of more than 0.10 is illegal in Nevada.

Krivak's tests did not prove positive for drugs or other substances, which surprised the prosecutor.

"I'm not surprised at his blood-alcohol level," he said. "But I thought he had drugs in his system. You don't normally get that kind of rage and that kind of activity without drugs. But a whole lot of alcohol can do the same thing."

Krivak, 40, this morning made his second appearance in Las Vegas Justice Court before Justice of the Peace Ann Zimmerman.

In charges filed by prosecutors this morning, Krivak faces two counts of felony DUI causing death or substantial bodily harm.

He also faces two counts of reckless driving, two counts of leaving the scene of an accident and one count of involuntary manslaughter.

The DUI counts each carry a two- to 20-year sentence and are non-probationable. Each charge of leaving the scene of an accident could bring a two- to 15-year sentence, Booker said.

Krivak is being held at the Clark County Detention Center without bail.

His preliminary hearing is scheduled for May 12. Krivak, who told Zimmerman he could not afford an attorney, will be assigned a public defender.

This morning's hearing marked the beginning of what will likely be a contentious court case for Krivak, who has a history of at least 13 prior DUI arrests in states including New Jersey, New York, Texas and New Mexico, dating to 1983.

Police say Krivak, who was driving a red pickup truck, failed to stop at a red 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.

No one was hurt in those accidents, Booker said.