On Thursday, Aug. 13, Justin Levi McCelvey, 39, of New Braunfels, Texas, entered a guilty plea related to his involvement in a fatal 2025 crash that occurred south of Pagosa Springs.
The two-vehicle crash took place near milepost 18 on U.S. 84 on Feb. 15, 2025, and killed two — a 7-year-old and an adult — and left another adult with serious injuries.
Judge Justin Fay accepted the entry of plea on Aug. 13, with sentencing set for 9 a.m. on Oct. 1.
As part of the plea, McCelvey pleaded guilty to vehicular homicide, a class three felony, and vehicular assault, a class four felony.
The plea stipulates to a total of 12 years in the Colorado Department of Corrections, with 12 years for vehicular homicide set to be run concurrent to a sentence of six years for vehicular assault.
During the plea hearing, Fay outlined that vehicular homicide comes with a range of four to 12 years, while vehicular assault comes with a range of two to six years.
The plea agreement also states, “Defendant shall pay costs, fees, and restitution, if any, arising out of all counts alleged in the complaint and information, as amended, including any dismissed counts.”
McCelvey was also facing first-degree murder and alcohol-related charges.
The plea stipulates to a factual basis that states, “On or about February 15, 2025, in Archuleta County, Colorado, the defendant, Justin Levi McCelvey, drove a motor vehicle while under the influence of alcohol and such conduct was the proximate cause of the death of Date Tenorio and serious bodily injury to Angelica Talamante; further, such conduct was a cause of the death of Aaron Tenorio.”
McCelvey is represented by attorney Jeffrey S. Pagliuca.
McCelvey remains in custody in the Archuleta County jail, where he has been since November 2025.
McCelvey turned himself in on Nov. 20, 2025 — after McCelvey went missing for a time and after a warrant was issued for his arrest while he was out on bond.
randi@pagosasun.com
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