GOSHEN COUNTY – According to the Goshen County Sheriff’s Office, Johnathan Cervantes (26), was booked into the detention center in Torrington on Wednesday, August 14, 2024, on two counts of aggravated homicide by vehicle, and one count of possession of a controlled substance, power or crystal. 

The charges stem back to a motor vehicle accident which occurred on US Highway 85 where, according to court records obtained, a Dodge Ram 2500 pickup truck, traveling north, entered the southbound lane striking a Harley Davidson “trike” in a head-on type of collision resulting in the death of two riders on August 11, 2023. 

In the affidavit of probable cause filed on September 18, 2023, the Wyoming Highway Patrol (WHP) names “Jhonatan Cervantes with a year of birth of 1998 as the defendant. 

“On August 11, 2023, at 1745 (5:45 p.m.), I was notified of a two-vehicle crash which occurred near mile marker 85 on US 85. Upon my arrival, I observed a silver Dodge Ram 2500 pickup lying on its wheels in the grass on the east side of the roadway. The second vehicle, a Harley Davidson ‘Trike’ motorcycle was on the grass south of the pickup,” the affidavit explained. “The motorcycle was almost completely destroyed with only the rear wheels and seat remaining connected. Both occupants of the truck had been transported via ambulance prior to my arrival. Both occupants of the motorcycle had been catastrophically dismembered during the crash and were deceased.”

According to witness statements, the pickup had been traveling north and the motorcycle was traveling south when the pickup entered the southbound lane, resulting in the collision, the affidavit explains. 

“Scene evidence began in the southbound lane with a tire mark and scrape marks which tracked back toward the northbound lane. Later analysis of these marks indicated the impact occurred in the southbound lane near the center line,” the affidavit reads. “Deep gouge marks were present in the centerline rumble strips. Scrapes, blood and debris tracked both vehicles to their final rest.”

The pickup rolled once it struck the motorcycle, according to court records. 

“Scrapes in the roadway north of the impact area, impact marks in the dirt and damage to the pickup indicated that it tripped and rolled following its collision with the motorcycle. One of the occupants, Jhonatan Cervantes (YOB 1998) had been ejected and was found slightly to the southeast of the pickup’s final rest,” the affidavit explained. 

Records indicated the second occupant was not ejected and was sleeping in the passenger seat of the pickup at the time of the crash.

“While I was on scene, one of the EMTs informed me that, during the injury assessment while Cervantes was being transported, he had located a small plastic bag containing what appeared to be methamphetamine and two glass pipes of type commonly used to smoke methamphetamine in Cervantes’ socks,” the affidavit reads. “He also told me he could smell alcohol on Cervantes’ breath.”

According to the probable cause affidavit, the investigating officer, Samuel Szott with WHP, was able to collect the suspected methamphetamine and drug paraphernalia at the Community Hospital in Torrington.

“The suspected methamphetamine weighed 4.9 grams,” the affidavit said. 

Evidence collected by the WHP indicated Cervantes was likely ejected through the sunroof during the rollover, according to the affidavit. 

“An image of the Dodge Ram’s Airbag Control Module showed it was traveling at least 86 miles per hour prior to the collision. The presence of oversized tires means this speed is possibly under-reported,” the affidavit said. 

Records indicate Cervantes’ identification card was fraudulent.

“A wallet provided to me by one of the witnesses at the crash contained a United States Permanent Resident Card belonging to Cervantes as well as a social security card,” the affidavit said. “At a later date, I sent pictures of these documents to Immigration Customs and Enforcement agent John Estes, who informed me the permanent resident card was fraudulent.”

Records indicate authorities obtained a photograph of Cervantes while he was hospitalized in Loveland, Colorado which matched the picture on his fraudulent identification. 

“I was not able to locate any information on Cervantes through state-issued identification. At present (September 18, 2023) his whereabouts are not known,” the affidavit explained. 

“Hospital toxicology records for Mr. Cervantes showed the presence of methamphetamine and benzodiazepines as well as a blood alcohol concentration of 0.11%,” the affidavit read. “Based upon the preceding facts, I believe there is a probable cause to believe Mr. Cervantes has violated Wyoming State Statutes and I recommend he be charged with the following: W.S. 6-2-106 (b)(i): aggravated homicide by vehicle (two counts) W.S. 35-7-1031 (c)(ii): possession of a controlled substance (methamphetamine), greater than three grams,” the affidavit reads.

A criminal warrant was issued in the Circuit Court for the Eighth Judicial District in and for Goshen County, Wyoming on October 19, 2023.

On July 15, 2024, a motion to quash the criminal warrant for Cervantes was filed in the Circuit Court for the Eighth Judicial District in and for Goshen County, Wyoming.

“Comes now Kenneth T. Brown, Deputy Goshen County and Prosecuting Attorney, and on behalf of the people of the State of Wyoming does move this court for an order to quash the warrant issued for aggravated homicide by vehicle and felony possession of methamphetamine,” court records state. 

“On October 19, 2023, the court issued a warrant pursuant to the state’s information filed herein. The state was notified that the identifying information it had in reference to the defendant (Jhonatan Cervantes) was not correct and it was believed that the information on the defendant was falsely given. Therefore, the warrant could not be entered into the nationwide database,” the motion to quash explained. “The defendant was recently arrested in another jurisdiction and the state was able to learn the correct identifying information for this individual. The state will file a new warrant with said information.” 

In a July 15 filing in the Circuit Court for the Eighth Judicial District in and for Goshen County, Wyoming, Goshen County Prosecuting Attorney, Eric Boyer, filed amended information asking the court to issue a warrant for the arrest of Johnathan Cervantes on two counts of aggravated homicide by vehicle with a maximum penalty of not more than 20 years imprisonment and a $10,000 fine per charge and one count of felony possession of a controlled substance which carries a maximum penalty of seven years imprisonment and a $15,000 fine or both. Court documentation indicates Goshen County Circuit Court Judge Nathaniel S. Hibben signed the corrected warrant on July 16.

On August 12, a motion requesting writ of habeas corpus ad prosequendum was filed in the court which commands the presence of the defendant to appear in court to answer charges on a pending case was filed. 

“The defendant is currently in the custody of the U. S. Immigration and Customs Enforcement Enforcement and Removal Operations, and his being confined in the Chase County Jail,” the writ of habeas corpus ad prosequendum motion explained. “That in order to go forward with the prosecution of the aforementioned charges the State of Wyoming, County of Goshen needs to remove the defendant from the Chase County Jail and return him to Goshen County, State of Wyoming.

Hibben signed the writ of habeas corpus ad prosequendum motion on August 12 and Cervantes was booked into the Goshen County Detention Center at 12:08 a.m. Wednesday morning.