The driver accused of causing a crash last summer entered into a plea agreement that will include a recommendation to probation.
Marcus Than, 22, pleaded guilty Wednesday in Boulder District Court to one count of vehicular homicide, a Class 4 felony.
Prosecutors dropped a second count of vehicular homicide and one count of vehicular assault and one count of reckless driving. But the vehicular homicide count Than did plead guilty to was amended to name both of the men who died in the crash, .
There is no sentence stipulation included in the agreement, which means a sentence could range from probation to up to six years in prison.
But while no stipulation is in place, Boulder Deputy District Attorney Joshuah Lisk said prosecutors would be recommending probation based on “a thorough review of the facts of the case, including all the aggravating and mitigating factors.”
Lisk specifically noted Than’s lack of intoxication at the time of the crash, lack of driving citations and criminal history and willingness to plead guilty as reasons prosecutors were willing to issue a probation recommendation.
A probation sentence could still include conditions such as jail time, work release or community service.
Than and his defense attorney did not comment further on the agreement before Than entered his plea of guilty before Boulder District Judge Patrick Butler.
At least one family member and probation recommendation, and Lisk acknowledged input from families of the victims was “all over the place.” Lisk said that input is what led to the DA’s Office agreeing to issue a recommendation but not a stipulated sentence.
“That is why we are leaving the sentence open to the court,” Lisk said.
Family members and the surviving victim of the crash will be able to speak at the Jan. 3 sentencing, which will take place following a pre-sentence investigation.
Butler scheduled the hearing for a more open court date to accommodate the number of anticipated family and friends, many of whom were watching Wednesday’s hearing online or were in the courtroom.
Than will remain out of custody on a personal recognizance bond.
The crash occurred about 11:20 p.m. July 26, 2021, at the intersection of Diagonal Highway and 34th Street.
According to police, a man driving a BMW sedan west on Diagonal Highway made a left turn at 34th Street when the vehicle was hit by Than’s Nissan Altima driving east.
The two passengers in the BMW, Borman and Vollmar, died at the scene. The driver of the BMW, a 79-year-old man, was taken to the hospital with critical injuries. Than was taken to the hospital with injuries that were not life-threatening.
According to an affidavit, Than told police he was driving about 50 to 60 mph in what he thought was a 55 mph area.
But according to an affidavit, analysis of his vehicle’s data recorder showed that Than was driving at about 88 mph seconds before the crash in a 40 mph zone. The driver of the BMW had slowed to about 19 mph to make the left turn.
A crash reconstruction expert told police that Than’s speed caused the crash, and said that if Than had been driving at even 70 mph the crash would not have occurred.
Than said he was not on his cellphone, and police said neither of the drivers were intoxicated.
