After entering a guilty plea to vehicular homicide and vehicular assault in August related to a fatal 2025 crash, Justin Levi McCelvey, 39, of New Braunfels, Texas, was sentenced to 12 years in the Colorado Department of Corrections during an emotional Oct. 1 sentencing hearing.
The two-vehicle crash took place near milepost 18 on U.S. 84 on Feb. 15, 2025, and killed two — 24-year-old Aaron Tenorio and his 7-year-old nephew Dante — and left Angelica Talamante with serious injuries.
The hearing lasted more than two hours, with family members, friends and others of both the victims and the defendant speaking.
Judge Justin Fay accepted the entry of plea on Aug. 13 and presided over the sentencing hearing.
As part of the plea agreement, McCelvey pleaded guilty to vehicular homicide, a class three felony, and vehicular assault, a class four felony.
The plea agreement 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.
McCelvey was also facing first-degree murder and alcohol-related charges prior to the agreement.
The plea agreement 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 Dante Tenorio and serious bodily injury to Angelica Talamante; further, such conduct was a cause of the death of Aaron Tenorio.”
McCelvey was represented by attorney Jeffrey S. Pagliuca.
Deputy District Attorney Mac Dudley of the 6th Judicial District opened comment at the sentencing, stating, “Everyone is here today because of the known catastrophic consequences of the choice to drive under the influence of alcohol.”
Dudley told the court that, on Feb. 15, 2025, the defendant “barreled down” U.S. 84 in a pickup weighed down with a snowmobile.
Dudley noted McCelvey had a blood alcohol content of between 0.18 and 0.253.
He stated the truck reached speeds of more than 100 mph and was traveling about 74 mph at the time of impact with the smaller SUV.
At that moment, he told the court, the lives of these families changed.
Dudley explained he was asking the court to impose the stipulated sentence, which he added is intended not as rehabilitation, but as punishment for McCelvey’s choice and as a deterrent for others.
Dudley also suggested that something was “glaringly absent” from McCelvey’s alcohol evaluation and presentencing investigation report were that only hours before the crash McCelvey had purchased a half gallon of whisky in Chama, N.M., with that bottle being half empty in the back seat of his truck.
Dudley further alleged the material suggested McCelvey was not taking the matter seriously.
Dudley also stated the plea agreement was reached through a lot of discussion and based on factors like airbag modules and cameras not working properly, as well as the GPS data not being accurate due to how remote the crash location is.
Following Dudley, family members, friends and acquaintances of the victims addressed the court, sharing photos, videos, memories and descriptions of their loved ones, as well as the impacts the losses have had.
“I am not at peace,” the mother and grandmother of the victims stated, it “unimaginable despair” and stating she suffers and grieves all day every day.
“He killed my son,” the stepfather of Dante stated, indicating his daughters are growing up without their brother and McCelvey destroyed a family.
A friend recalled travels with Aaron Tenorio and, like others, including one of his college professors, talked of his desire to continue with his schooling to obtain a master’s degree in public health.
The professor and family members also highlighted Aaron Tenorio was a first-generation college graduate who overcame obstacles.
She called the incident a tragedy on multiple levels with the lives of two young men lost.
The friend noted that losing them will haunt them the rest of their lives.
The mother of one of Dante’s best friends stated that day would be 593 days since the crash, explaining she knew that because “my son counts every single day how long it’s been.”
“He was the one thing that was right in this world for us,” Dante’s father said of his son, noting his son didn’t dislike anyone and wanted to be friends with everyone.
The father noted that McCelvey ruined lives and stated he prays McCelvey doesn’t find peace.
Others described Dante as happy, wanting to be part of a community and being a learner.
Talamante’s stepmother spoke of the trauma and the long road to recovery both mentally and physically Talamante faced after having a 50/50 chance of survival, as well as the trauma the family has been through, and recalled when she first heard about the crash.
Another family member acknowledged that, while she knows McCelvey did not intentionally kill the two, he did intentionally drink and drive.
Others also spoke of the decision to drink and drive, as well as McCelvey “absconding” for a month.
McCelvey turned himself in on Nov. 20, 2025 — after he went missing for a time and after a warrant was issued for his arrest while he was out on bond.
Another family member noted Aaron Tenorio and Dante are now just pictures on a wall, with family members losing their only son and only brother.
That family member also discussed the grief, sorrow and anger, stating he cannot currently forgive McCelvey and, while the plea is not what they wanted, he asked the court to accept it and stated he believes in karma and that the universe will make things right.
He offered good luck to McCelvey, adding he’s “going to need it.”
Several of those who spoke suggested neither McCelvey nor his family has reached out, and he has not shown remorse.
Pagliuca later informed those present that he advised that no one reach out to the victims’ families due to the ongoing court case and a court order to not reach out to any potential witnesses.
Prior to allowing McCelvey’s friends and family to speak, Pagliuca indicated the court had also received many letters.
Several of McCelvey’s friends and family members expressed remorse for the situation, stated they had heard McCelvey express remorse, and told the court and families that the families had been in their prayers.
Several described McCelvey as someone who has been accountable for his actions, a loving father to his three children, a business owner with a master’s degree, polite, respectful, responsible, generous and caring, among other descriptors.
His mother noted that McCelvey’s father passed a way a few years ago, which has been hard on him.
She added he spent a lot of time with his father in Colorado, and when he is in Colorado those memories are at the forefront.
She added that she prays this “grave mistake” will not define him.
“He’s not a monster,” McCelvey’s sister stated, discussing McCelvey’s help in raising her own son.
“Justin is responsible for the choices he’s made,” a stepsister told the court, adding he can spend the rest of his live taking responsibility, growing and honoring the lives lost.
She added, “Justin is a good man” — a sentiment echoed by several of the speakers.
Following the family members and friends speaking, Pagliuca stated that “senseless” is the only way to describe the incident.
He called it unfathomable and unimaginable, relating that he always told his own kids that if they were to get into a vehicle under the influence or with someone else under the influence and something were to happen, the consequences would be unimaginable.
Pagliuca alleged that both drivers were under the influence — an argument Fay later suggested he is not persuaded by.
Pagliuca also noted that McCelvey has expressed to him that he is deeply remorseful and is accepting the serious consequences.
He added that he hopes all of the families can somehow find peace.
“I really am truly 100 percent sorry for my involvement in all of this,” McCelvey said. “It was not my intention, and it certainly wasn’t malicious and intentful. I feel for the families. I would feel the same way they do towards me, and I do. Every day I pray for them, I pray for me, I pray for my family. I’ve hurt them. I’ve hurt my family. And, if I could, I would trade places with little Dante, and I mean that. I’m just, I’m sorry for everything.”
“If there was anything I could do today to bring back Aaron or Dante or to ease the pain of Angelica or any of their family or community, I would do it,” Fay said.
Fay noted the poor series of decisions not only resulted in “these grave results,” but also devastated communities.
Fay added he could not think of anyone not at least tangentially affected by the incident.
Fay then recalled hearing from the trooper about the “particularly horrific accident” shortly after the trooper responded and that he drove himself to Pagosa Springs Medical Center to sign the warrant because it could not be emailed due to the remote location of the crash.
At the time, he stated, he only knew of the two adults involved, noting it was hours later that the news came that Dante had been in the car, calling that “horrific” to learn.
He added the incident also led to some of the first conversations he had to have with some of his own children about death.
He added he did’t think McCelvey wanted to hurt anyone and called the negligence “perplexing,” later adding McCelvey was highly intoxicated.
Fay then sentenced McCelvey pursuant to the plea agreement.
McCelvey was credited with 317 days of presentence confinement, with restitution totaling $1,932.56.
Fay noted he hopes that, with time, the fond memories will carry forward and make the pain less sharp.
He added he hopes that McCelvey will spend time making amends and that he hopes McCelvey will use the remainder of his days to make a positive impact — something Aaron Tenorio and Dante don’t have the chance to do — and to channel their traits and help people when given the chance.
randi@pagosasun.com
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