Zach Dobler, 28, ended up convincing the court to let him out of prison early through a reconsideration of his original sentence. On Sunday, despite the fact that he wasn't allowed to drive without a lockout device for alcohol monitoring, Arvada Police say he took his parents' car and drove right into 41-year-old Alan Eugene Dilley, a driver for Connolly's Towing, near 58th Avenue and Wadsworth Boulevard.
The impact sent Dilley's body 121 feet "in a northwesterly direction," according to a police report.
Prosecutors are not offering any "second chances" for Dobler now.
On Wednesday, the Jefferson County District Attorney's Office announced it had filed a first-degree murder charge against Dobler. It is a charge that could send Dobler to prison for the rest of his life.
He'll be back in court next week. As part of the charge, he is not currently eligible for bond.
In 2009, Dobler was in Buena Vista on a 2008 burglary case out of Westminster serving the early stages of a four-year sentence. In July 2009, he wrote a letter to a Jefferson County judge asking for another chance through a reconsideration of his sentence.
"I was drinking that night [in 2008] and if I did not drink I know I wouldn't have acted the way I did," he wrote according to the hand-written letter obtained by 9NEWS. "When I drink I become irresponsible and I lose the voice in my head that says, Zach, this isn't right.... Therefore I do not need to drink and will never have to worry about being in trouble again."
"Sending me to prison was like giving me a second chance," he continued. "It has oppen(sic) my eye (sic). This time around I will do it right. I fill(sic) better now than I ever have. I fill(sic) so alive."
In 2010, a Jefferson County judge agreed to reconsider his sentence and subsequently gave Dobler 30 months of intensive-supervised probation.
Dobler was still on probation when Arvada police believe he killed Dilley.
Dilley was working on a separate DUI crash at 58th and Wadsworth when he was struck. Police dispatch records indicate the impact was seen by a number of people including an officer who frantically called out "the car should have front-end damage!" to other officers on the police radio.
Another officer was able to spot the SUV about a minute after. Dilley died at St. Anthony Hospital a half hour later.
In addition to the probation issue, Dobler was out of jail in lieu of bond on a separate criminal case from this year in Arvada. The bond had been set at $5,000 and as part of his release in that case, he had agreed not to use alcohol. A trial on that case is tentatively set for September. The most serious charge in that case is a felony count of trespassing.
Court records also suggest that Dobler's probation officer was aware Dobler was having a tough time showing up for his urine screenings. In a 2011-dated court document, Dobler's probation officer told a judge Dobler had failed to show up for urine screenings on four occasions between April 2010 and January 2011.
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