A 20-year-old Cordell man is facing up to 20 years in prison following his arrest in Beckham County on a felony charge of driving under the influence of an intoxicating substance with great bodily injury. Kolby Joe Rivera was charged with the felony in Beckham County District Court on April 14, 2020, following a car accident which occurred at approximately 9:00 p.m. on April 8, 2020, on westbound Interstate 40 near Merritt Road.
According to the affidavit of probable cause filed by Oklahoma Highway Patrol Trooper Pate Gossen, he heard Elk City Fire Department dispatched to the scene of a car fire at the location and responded to the scene. Upon arrival he saw a pickup truck on fire and a man lying in a ditch near the burning truck. He also noticed a disabled car in the inside lane of the highway.
Gossen immediately began to perform emergency medical services on the man in the ditch, later identified as Timothy Wittmeyer. Wittmeyer was airlifted to OU Medical with a collapsed lung.
Gossen then spoke to the two individuals in the other vehicle, a 2015 Dodge Charger. Kolby Rivera reportedly identified himself as the driver of the vehicle. The passenger was identified as Allan McIntosh. According to the report, Rivera was unable to remember what exactly happened. He told Gossen he was headed toward Weatherford, but was heading west toward Sayre. Gossen noted that Rivera seemed “spaced out” and admitted to being high, having smoked marijuana a few hours prior to the accident. Gossen reported Rivera failed several different field sobriety tests.
Further investigation revealed, according to Gossen’s report, that Rivera had been driving erratically and rear-ended Wittmeyer’s truck, forcing it off the road, where it rolled and caught fire. Rivera’s vehicle also rolled, but ended upright in the inside lane of Interstate 40.
After clearing the scene Gossen went to the hospital, arriving near midnight. Rivera was treated and released from the hospital after consenting to the state’s blood test. Gossen placed Rivera under arrest, but due to concerns about COVID-19, he was released into his parents’ custody and not booked into jail.
If convicted, Rivera could be sentenced to between four and 20 years in prison, and/or a fine of up to $5,000.