Zachariah Dobler, 28, was charged with first-degree murder - extreme indifference because he had three pervious alcohol convictions and had his license revoked for being a habitual traffic offender, according to the First Judicial District Attorney's office.
The arrest affidavit says Dobler had his license reinstated after he was issued an interlock device for his vehicle to prevent drunk driving. Dobler allegedly stole his parent's car, which did not have an interlock device on it to prevent drunk driving. He was also not allowed to drink as a condition of his probation.
It is very rare for a vehicular death to be charged as a first-degree murder. Prosecutors must prove, "...unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly engaged in conduct which created a grave risk of death to a person..." according to the DA.
Dobler also faces several other charges, including vehicular homicide - DUI, aggravated motor vehicle theft, leaving the scene of an accident resulting in death, DUI and violation of bail bond conditions.
According to Arvada Police, Alan Dilley, a 41-year-old Connolly's Tow Truck driver, was helping emergency workers outside of a vehicle that needed to be towed. Just after 1:30 a.m., near the intersection of 58th Avenue and Wadsworth Boulevard, police say Dilley was hit by a Nissan Rogue allegedly driven by Dobler.
The DA says Dolber allegedly drove through cones meant to reroute traffic in the intersection, which was lit with flashing lights from emergency vehicles, hitting Dilley without braking and throwing him 120 feet.
Police say Dobler did not stop and was pulled over and arrested minutes later near 64th Avenue and Wadsworth Boulevard.
Dilley was taken to St. Anthony Hospital and later died from his injuries.
According to the affidavit, Dolber says he saw police lights to the side of him and someone in the road in front of him. Dolber told officers he didn't realize what he had hit after going through the intersection and was planning on stopping in the next intersection to check the damage.
Dobler is being held without bond in the Jefferson County Detention Center. His next court appearance is a preliminary hearing on Aug. 10.
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