Man pleads guilty in traffic rampage

Erica D. Johnson

Thursday, July 31, 2003 | 11:30 a.m.

A repeat DUI offender, who was more than three times over the legal blood-alcohol limit when he hit a bicycling father and son and killed the father, pleaded guilty this morning to felony DUI charges stemming from the crash.

During what was supposed to be the final court appearance before his trial, Michael Krivak pleaded guilty to one count of DUI causing death and two counts of leaving the scene of an accident in the collision that killed Chris Holt, 44, and injured his 8-year-old son, Chance.

Krivak, 40, will face a sentence of two- to 50-years in prison when he is sentenced by District Judge Joseph Bonaventure on Sept. 18.

In exchange for Krivak's guilty plea, prosecutors dropped four criminal counts, which included an additional charge of DUI causing substantial bodily harm and a manslaughter charge.

Krivak will not be eligible for probation on the two DUI counts, Deputy District Attorney Bruce Nelson said.

If Bonaventure orders the sentences to run concurrently, Krivak will be eligible for probation on the leaving the scene of an accident charges, Nelson said.

Outside court, both prosecutors and Krivak's defense attorney said they expect Krivak to spend a "significant" amount of time behind bars.

Deputy District Attorney Bruce Nelson said prosecutors expect to argue for a prison sentence closer to 50 years.

Krivak has a long history of at least 13 prior DUI arrests in states including New Jersey, New York, Texas and New Mexico, dating to 1983, he said.

"Theoretically he could go to jail for the rest of his life," Nelson said.

Defense attorney Chris Oram said he had discussed the negotiations with his client "at length" and the two decided the negotiations were in Krivak's best interest.

"Although we plan to argue at sentencing, we do anticipate a significant sentence in this case," he said.

Nelson said Krivak theoretically faces more time under the negotiations than he did initially. The manslaughter charge carried only a one- to four-year sentence, he said.

In addition, prosecutors would have had to amend the DUI causing substantial bodily harm charge for Chance Holt, who did not suffer substantial injuries in the crash.

Nelson said Chief Deputy District Attorney Gary Booker had explained the negotiations to Holt's family, who are expected to speak at the sentencing.

Authorities say Krivak's Chevrolet pickup truck had just rear-ended a Chevrolet minivan on Torrey Pines Drive near Lake Mead Boulevard when it hit the cyclists.

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

Krivak's blood alcohol level was 0.33 when he was tested about an hour after the April 15 collision, according to prosecutors. Under Nevada law a level of 0.10 is considered under the influence.

While prosecutors process hundreds of DUI cases each month, Nelson said the heinous nature of Krivak's crime made his case unique.

Krivak continued to flee the scene with Holt still on the hood of his car before he stopped and pulled his body off, Nelson said.

"This case is worse than most DUI cases in terms of what (Krivak) did afterward," he said. "To drive a half mile with this poor man on his hood."

Nelson said most defendants in DUI cases enter into negotiations because they know they would likely be convicted if the case went to trial.