As two families continue to grieve the untimely loss of their young sons in a devastating accident, prosecutors are trying to prove there is enough evidence to send the case to trial.
Police say Robert Icenogle admitted to being on prescription drugs when he crashed into a teenager and two children pushing a stalled minivan near Memorial Park on November 26. The crash killed 17-year-old Leondro Carbajal and 9-year-old Neto White, while Neto's 10-year-old sister suffered a broken ankle.
The mother of Neto and the 10-year-old girl was inside the van with her two younger children and saw the horrifying scene unfold before her eyes.
Icenogle faces seven charges for the incident, including two for vehicular homicide. He will be back in court Monday, where a decision could be reached whether or not he will be tried.
Court papers show Icenogle was on Phenergan and Methadone at the time of the crash. Both are powerful prescription drugs.
Prosecutors told 11 News last month that proving these kinds of cases isn't always cut and dry.
"Because there aren't the levels we have with alcohol, because sometimes it's not picked up in tests, it can make it a more difficult case to prove," said District Attorney Dan May.
With respect to prescription drugs, May said in some cases there is other evidence such as warnings printed clearly on the label that could hold up with a jury in court.
"If it's going to affect you, don't drive,” May said. “You are a danger on the roads."
Records posted by the Colorado Department of Transportation show more than 400 people in our state were killed over a five-year period by people who were driving while on drugs, including prescription meds.
Convictions linked to driving under the influence of drugs carries the same penalties as driving while drunk, including jail time and loss of a driver’s license.