Deal considered in bicyclist’s death

Erica D. Johnson

Tuesday, May 13, 2003 | 9:26 a.m.

The man authorities say killed a bicyclist during a drunken driving rampage is considering negotiating a deal with prosecutors, his attorney said Monday.

Michael Krivak waived his right to a preliminary hearing before Justice of the Peace Ann Zimmerman and agreed to have his case bound over to District Court for trial.

Attorney Chris Oram said Krivak is considering a deal and would plead not guilty when he is arraigned May 19 before District Judge Joseph Bonaventure.

"It appears there is a possibility that this matter will be resolved," he told Zimmerman.

When asked if Krivak, 40, would reach a deal by the time he is arraigned, Oram replied, "It's too soon to tell."

Chief Deputy District Attorney Gary Booker said that while prosecutors were prepared to go forward with the preliminary hearing, waiving the hearing is Krivak's right.

Booker would not comment directly on what kind of deal Krivak is considering.

"If he doesn't take it or if he doesn't take the one we want him to take, we'll go to trial," the prosecutor said.

Oram said Krivak also was interested in avoiding the pre-trial publicity a preliminary hearing would have brought.

"There's been a lot of publicity," he said. "We think that would have made things more difficult."

Booker said he was prepared to call more than 30 witnesses to testify during the hearing scheduled, which had been expected to span two days.

Among those witnesses was Thomas Johnson, Krivak's passenger who later went public with his recollection of the events on a local radio show.

"Johnson was here today and ready to testify," Booker said.

Police say Krivak's pickup truck had just rear-ended a Chevrolet minivan on Torrey Pines Drive near Lake Mead Boulevard when it hit Chris Holt, 44, and his 8-year-old son, Chance.

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

Holt's wife, Susan Holt, along with other family members attended Monday's hearing as well.

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.

Krivak faces two counts of felony driving under the influence causing death or substantial bodily harm. Those counts each carry a two- to 20-year sentence and are non-probationable.

He also faces two counts of reckless driving, two counts of leaving the scene of an accident and a single voluntary manslaughter charge.

While Krivak may negotiate a deal with prosecutors, Booker said, he won't be allowed to plea-bargain his case, which means he will still face DUI charges.

The Legislature banned prosecutors from reducing DUI charges more than 15 years ago, Booker said.