Man faces 21 new charges in fatal crash

MARINETTE - A Marinette man is facing 21 new charges in connection with a crash which killed five family members, including two pregnant teens.

Thirty-nine-year-old Richard Powell was charged with the additional felonies during his initial appearance in Marinette County Court Monday.

The new charges include:

5 counts - Homicide by intoxicated use of a motor vehicle
5 counts - Homicide by intoxicated use of a motor vehicle with a prohibited blood alcohol level
5 counts - Homicide by negligent operation of a vehicle
2 counts - Homicide by intoxicated use of a motor vehicle of an unborn child
2 counts - Homicide by intoxicated use of a motor vehicle with a prohibited blood alcohol level of an unborn child
2 counts - Homicide by negligent operation of a vehicle of an unborn child

Prosecutors say Powell was drunk and speeding when his pickup collided with a car owned by 44-year-old Joel Rivas from Wrightstown. Rivas, his three daughters Karen, Elina, and Nancy, and his son Nicandro died in the crash.

According to criminal complaint, 15-year-old Karen and 16-year-old Elina were pregnant.

Authorities say Rivas' car crossed from a side-road into oncoming highway traffic.

In the criminal complaint Powell stated "he had no time to react in any way to the collision" and he "couldn't have stopped even if he wanted to."

The complaint alleges Powell was going between 77 and 81 miles per hour in a 45 mph zone, although the speed limit drops from 55 mph just before the accident scene.

A toxicology report attached to the complaint indicates Powell had a blood alcohol level of .238, nearly three times the legal limit of .08. The complaint alleges Powell told police he was driving home after he was drinking at a bar on Flame Road where his wife was bartending. That's about one mile from where the crash happened. The complaint alleges Powell had 10 beers, two mixed drinks and a cheeseburger during a 9 hour period at the bar.

In the complaint, an officer noted Powell's "eyes were bloodshot and glassy, that his speech was slurred and he had a heavy odor of intoxicants on his breath."

The complaint goes on to say that when an officer told him that all of the occupants in the car he hit had died, the officer said Powell "grinned and asked what he had to do with the crash."

Powell went on to say "it's their fault."

FOX 11 spoke with the Marinette County District Attorney Monday afternoon. He refused to comment on the case. Powell was released on a signature bond. FOX 11 tried to contact him but we were not able to.

Powell returns to court next month. If convicted on all counts, Powell faces a maximum of 420 years in prison.