On Tuesday, a preliminary hearing was set for Michelle Harvey, who is accused of causing a crash that killed an 11-year-old Towoac child while driving under the influence of alcohol.
According to the filing of charges, Harvey was pulled over on U.S. Highway 491 south of Dove Creek for a DUI investigation on May 8. She then allegedly attempted to elude Eric Stiansy, a peace officer, and nearly struck officer Coty Kelshaw while driving from the scene.
According to the charges, she crashed into the car being driven by Amie Hammond and 11-year-old Kyrie McKensley, pushing their car into oncoming southbound traffic, where they were hit by an oncoming car.
This crash resulted in the death of McKensley, who died at the scene, and it severely injured Hammond, who was flown to a hospital to treat her injuries.
No one in the southbound car was injured.
The charges claim Harvey was under the influence of alcohol and one or more drugs at the time of the accident, saying she “unlawfully and knowingly drank an alcoholic beverage or had an open alcoholic beverage container in her possession.”
Harvey, who is from Farmington, has been pulled over on suspicion of driving under the influence in the past and arrested for multiple offenses that were ultimately dismissed.
In 2006, Harvey was arrested and convicted of simple battery, while all other charges were dropped. In 2013, she was charged with aggravated battery resulting in great bodily harm, and that case was dismissed.
In 2016, she faced charges of unlawful taking of a motor vehicle, abuse of a child (not resulting in death or bodily harm) and driving under the influence. The charges also were dismissed. The defense attorney was listed as Christian Hatfield, whom Colorado Gov. Jared Polis recently named district attorney of the 22nd Judicial District in Montezuma and Dolores counties.
In 2020, she was charged with false imprisonment and battery of a household member.
At her appearance May 15 at the Dolores County Combined Courts in Dove Creek, Harvey’s lawyer told Judge Matthew Margeson that they didn’t wish to discuss bail until the preliminary hearing.
Her attorney also spoke with Margeson about Harvey’s blood testing by CPI, asking that destructive or consumptive testing not take place.
Harvey faces 12 charges including two counts of vehicular homicide, two counts of vehicular eluding, two counts of vehicular assault, driving under the influence, two counts of reckless endangerment, obstructing a peace officer, reckless driving and illegal possession or consumption of alcohol in a motor vehicle.
Harvey’s preliminary hearing will take place on June 13 at 10:30 a.m.