The suspect in a fatal Feb. 15 crash on U.S. 84 who was reported as a missing person in Texas in October is now back in custody in Archuleta County.
Justin Levi McCelvey, 38, of New Braunfels, Texas, is facing charges stemming from a two-vehicle crash that took place near milepost 18 on U.S. 84 that killed two — a 7-year-old and an adult — and left another adult with serious injuries.
McCelvey was out on a $1 million bond when he was reported as a missing person out of Port Aransas, Texas, with his last appearance listed on missing posts on Facebook as Oct. 9.
McCelvey was then booked into the Archuleta County jail on Nov. 20 after turning himself in.
The following day, McCelvey appeared in court on an arrest warrant in front of Archuleta County Court Judge Anthony Edwards.
McCelvey was represented by attorney Jeffrey S. Pagliuca, who explained they were in court due to the government’s motion to revoke McCelvey’s bond.
Pagliuca suggested to the court that the bond factors listed in Colorado statute are all in favor of McCelvey again being released under bond, explaining McCelvey is 38, owns his own company, has extensive family in the United States, has three minor children, has a consistent residence, has an excellent reputation with this being the only time he’s ever been in trouble and that he went to college.
He noted McCelvey’s mom posted the collateral on his bond and stated she wants to remain on the bond.
He further added there are no indications McCelvey is a danger to the community.
Pagliuca also recapped that McCelvey was arrested on Feb. 15 and posted a $25,000 bond the next day for a class three felony, but that shortly thereafter first-degree universal malice/extreme indifference charges were added and there was a motion to modify that bond, with the court ultimately setting the bond at $1 million, which McCelvey posted.
He added McCelvey was successfully on pretrial services.
Pagliuca then explained to the court the extreme indifference charge came from a state trooper’s report.
Pagliuca then alleged that McCelvey was traveling north at the speed limit when the other vehicle crossed into his lane, with that driver allegedly having more than the legal limit of marijuana in his system.
At the time of the extreme indifference charge, he told the court, that information was not available to the prosecution, indicating the autopsy and accident reconstruction came after the upcharge.
Pagliuca then compared McCelvey’s case to a court of appeals case that also involved an extreme indifference charge, pointing out that the crash in question took place on a two-lane road that is not heavily trafficked, the other vehicle crossing into McCelvey’s lane and almost hitting him head on.
He added McCelvey was cooperative and spoke with law enforcement for hours despite also being injured, and was visibly distraught when he asked about the occupants of the other car and was told what happened.
Pagliuca noted McCelvey’s case is pending a preliminary hearing, which was supposed to take place Oct. 17, but that it had been continued to January 2026 in cooperation with the prosecution.
Pagliuca then explained McCelvey has “significant psychological issues” related to this event and had “somewhat” of a breakdown.
He added he was concerned McCelvey had killed himself when he went missing and then, when he heard from him, tried to get a court date, noting motions he filed seeking court dates were denied, so they traveled to Pagosa Springs for him to turn himself in to get a hearing.
Pagliuca told the court McCelvey was on pretrial services for more than nine months with no missed urine analysis dates except those at issue and none that weren’t clean.
He added McCelvey has been diagnosed with post-traumatic stress disorder and depression and will see a counselor if released on bond.
He added the court should add a bond condition of mental health counseling.
Deputy District Attorney Mac Dudley then suggested to the court “so much” about the case has been left out, alleging McCelvey was driving drunk and had a blood alcohol content, or BAC, of .133.
He further alleged two witnesses saw him speeding prior to the crash, with one witness reporting he was speeding and passed in the oncoming lane and they had suggested at the time he would kill someone and the other witness reported he was driving at least 100 mph.
Dudley also alleged McCelvey was first driving in the wrong lane on a narrow bridge, leaving the other driver to go into the other lane.
He added the Colorado State Patrol concluded McCelvey was going 65 mph at the time of impact and the data in the other car couldn’t be read because the car’s black box had been destroyed in the crash.
Dudley then reported to the court that on Oct. 9 McCelvey’s family reported him as a missing person in Port Aransas, with law enforcement in New Braunfels also investigating the matter.
He noted that he was still considered a missing person as of the court appearance, and explained that his truck, wallet and shoes had been found at a beach, his phone was found waterlogged and he hadn’t checked out of his hotel and left belongings there.
Dudley added no one had told him McCelvey was missing when the action took place on continuing the preliminary hearing.
He told the court it appears McCelvey attempted to “abscond” with family help and that he had either failed or “chickened out.”
Dudley then reported to the court allegations he had heard about McCelvey allegedly mentioning fleeing to Panama and faking a passport, allegedly mentioning South American countries, and allegedly mentioning to his son he would be going away for a long time and would find a way to get in touch.
Dudley suggested that meant he was not referring to prison, where he would be allowed to contact family.
Dudley also alleged McCelvey was reported to have been drinking and has had no tests or check-ins with pretrial services since early October.
Dudley suggested McCelvey is capable of trying to run from this jurisdiction and also pointed to McCelvey’s likely sentence if convicted before suggesting that bond would be “appropriately set” at no less than $3 million cash, with conditions added that he stay in Colorado, have mental health treatment, remain on pretrial services and have no alcohol.
The court then heard from family and friends of the victims, who discussed the pain caused by the losses and advocated for McCelvey being required to remain in Colorado until his January 2026 court date, with some suggesting if there are concerns with his mental state he should remain in custody.
Multiple people suggested McCelvey is a flight risk and has not been respectful of the lives lost in the crash and not been responsible.
Pagliuca noted he understands and empathizes with the pain expressed and indicated there is a reason for neutral magistrates within a justice system with rules.
He then noted he disagreed with some of the facts presented by Dudley, including that the black box in the second car was not destroyed because there isn’t one on that make and model, that 65 mph was the speed limit and that there is no bridge where the crash took place.
He then suggested the reports about fleeing were third-hand hearsay from ex-employees, an ex-wife and a roommate and are “character assassination.”
He countered there is no objective proof such as reservations, a plane ticket, a border crossing, a passport or bank withdrawals.
He suggested he also did not know until after the October court date was continued that McCelvey had gone missing, and when he found out he called the prosecutor.
He added there is also no proof of use of drugs or alcohol.
He suggested to the court a $3 million cash bond is “entirely unreasonable” and in 43 years he’d never seen a bond in excess of $1 million surety.
He reiterated that McCelvey surrendered, adding he understands his obligations and wants justice.
He further suggested the bond being suggested is “tantamount” to no bond.
Dudley suggested to the court the defense seems to agree with portions of the Colorado State Patrol report, but not others and corrected that it was not the black box that could not be read, but the airbag control module.
Dudley then returned to the missing persons reports, ultimately putting Sixth Judicial District Investigator George Daniels on the witness stand to testify about the missing person reports.
Daniels reported that he was not aware of McCelvey being reported as being found.
Pagliuca questioned why McCelvey’s family would report him missing if they helped him.
He later suggested if the court has concerns about McCelvey absconding, the judge could order him to remain in Colorado, which would disrupt his life, but that he could do mental health counseling in Colorado.
He again suggested the $1 million bond McCelvey has already been out on would be reasonable under the circumstances.
Edwards noted he is “deeply concerned” about the safety of the defendant and the public, then telling McCelvey he can’t let him leave and is concerned McCelvey is a flight risk.
He set bond at $1.5 million cash, with requirements added for McCelvey to stay in Colorado and comply with mental health treatment and pretrial services and be monitored by GPS.
As of Tuesday morning, Nov. 25, McCelvey remained in custody.
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