GOSHEN COUNTY – Honorable Eighth Judicial District Judge of Goshen County, Edward Buchanan, called the hearing of Johnathan Cervantes, 26, to order shortly after 2 p.m. on Monday, March 10. 

Cervantes appeared with his public defender, Eric Palen and the State of Wyoming was represented by Goshen County and Prosecuting Attorney, Eric Boyer, in the matter of criminal docket number 2024-23. 

Cervantes, an illegal immigrant, was charged with two counts of aggravated homicide by vehicle for the deaths for Leslie and Linda Thayer and one count of felony possession of methamphetamine.   

Cervantes was arrested on August 14, 2024, and he remains booked into the Goshen County Detention Center. 

According to the probable cause affidavit, Cervantes was the driver of a silver Dodge Ram pickup truck who was involved in a motor vehicle accident on August 11, 2023, on US Highway 85, south of Torrington. The second vehicle, a Hardly Davidson Trike, was occupied by the Thayers. 

“Witness statements indicated that the pickup had been traveling north and the motorcycle was southbound when the pickup entered the southbound lane of travel, striking the motorcycle in a head-on type of collision,” the affidavit of probable causes filed in August reads. “Scene evidence began in the southbound lane with a tire mark and scrape marks which were tracked back toward the northbound lane. Later analysis of these marks indicate the impact occurred in the southbound lane, near the centerline. Deep gouge marks were present in the centerline rumble strips.”

Both Leslie and Linda Thayer perished in the crash which closed roadways for a number of hours. 

“Scrapes, blood and debris tracked both vehicles to their final rest. Severe crumpling damage to the front of the pickup also included blood and bone fragments in the grille, radiator and bumper areas,” the affidavit continued. 

Court record indicates Cervantes had a blood alcohol concentration of 0.11%. The record further indicates, Cervantes’ hospital toxicology records showed the presence of methamphetamine and benzodiazepines. Emergency medical technicians also noted Cervantes had a small plastic bag containing what appeared to be methamphetamine and two glass pipes in Cervantes’ sock, according to court record.

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

On October 10, Cervantes through his Spanish-speaking interrupter entered a plea of “not guilty” and a trial date had been set. Court record indicates Cervantes filed for a “change of plea” hearing which was to be held in January. Court was unable to proceed due to technical issues with the communication system for Cervantes’ interrupter and a new “change of plea” hearing was scheduled for Monday, March 10. 

“We had an arraignment in this case on October 10, 2024, subsequent to that we were in this court on January 9, 2025, for a change of plea, at that time we had some technical difficulties without interrupter system. The court felt that it was important to get that squared away and fixed and that’s why we are here today. We’re basically going to start over with everything we began on the 9th and try to get that done today,” Buchanan said. “As we begin Mr. Cervantes, are you under the influence of any medicine, alcohol or drugs?” 

“No,” Cervantes stated through his interrupter.

“Do you suffer from any condition that would make it difficult for you to understand today’s proceedings with the interrupter’s assistance and to participate?” Buchanan.

“Yes, I can participate,” Cervantes’ interrupter relayed. 

Cervantes acknowledge he had seen the court document titled information and he had the opportunity to speak to Palen about the document. Buchanan went over the information document which further explained the charges Cervantes faces. 

“Count one alleges that on or about August 11, 2023, that you did operate or drive a vehicle in a reckless manner. Specifically, in violations of Wyoming statue 31-5-233(b)(iii)(c). That conduct was the proximate cause of the death of Leslie Thayer contrary to Wyoming statute 6-2-106(b)(i) and (ii). This is a felony known as aggravated homicide by vehicle and the maximum potential penalties are not more than 20 years in prison, a $10,000 fine or both. Do you understand the allegation as contained in count one as well as the maximum possible penalties for count one?” Buchanan asked Cervantes who responded affirmatively. 

Buchanan then read count two of the information where Cervantes violated Wyoming State Statue 31-5-233(b)(iii)(c) which was proximate cause of the death of Linda Thayer contrary to Wyoming statute 6-2-106(b)(i) and (ii). Buchanan explained the second count of aggravated homicide by vehicle carried a maximum possible penalty of not more than 20 years in prison, a $10,000 fine or both. Cervantes again affirmed he understood the charge and the maximum possible penalties for count two. 

“The third and final count, Mr. Cervantes, alleges that one or about August 11, 2023, that you did knowingly possess without a valid prescription or other authorization a controlled substance, specifically, methamphetamine, in an amount greater than three grams in crystalline form. This would be contrary to Wyoming statute 35-7-1031(c)(i)(C) and (ii). This would be felony possession of a controlled substance. The maximum possible penalty being seven years in prison and a $15,000 fine or both,” Buchanan said. “Do you understand the allegations as contained in count three as well as the maximum possible penalties?” Buchanan asked Cervantes who again affirmed his understanding. 

Buchanan then went over Cervantes’ rights to which Cervantes stated he understood. Cervantes also advised the judge he and his attorney had reviewed the documents. Cervantes noted he had no questions about the process and understood the facts of the case. Cervantes stated he was satisfied with his legal representation.

“Mr. Cervantes you are presumed innocent of all wrongdoing in that presumption carries with you throughout these criminal proceedings. At trial, the State of Wyoming would have the burden of proving your guilty beyond a reasonable doubt and at trial you would have no obligation to present any evidence, call any witnesses and the jury would be instructed that it should find you not guilty if the state did not meet its burden of proof. In other words, you don’t have to prove anything. The burden of proof is on the State of Wyoming,” Buchanan said. “You also have the right to confront and cross-examine the witnesses that the state may call to testify against you and although you have no obligation to present any evidence and the state maintains the burden to prove your guilty beyond a reasonable doubt, you have the right to present evidence.”

Buchanan also explained should Cervantes want to have witnesses appear; he could use court process of court subpoenas to compel the attendance of such witness. Buchanan further explained the process of court subpoenas would qualify for physical evidence Cervantes requested at his trial. Buchanan told Cervantes he had the right to remain silent during his criminal proceedings. Cervantes, through his interrupter affirmed his understanding of his constitutional rights. 

“Mr. Cervantes, if you were to change your plea today, there would be no trial of any kind and by pleading guilty today, you wave your right to a speedy trial. The state would not be required to meet its burden of proving your guilt beyond a reasonable doubt. By pleading guilty, you will give up all defenses you might have in this case,” Buchanan said. “I do not know how the state obtained the evidence against you but if you were to plead guilty you would waive any objections you might have such as the right to try to suppress evidence along with any other defenses you may have in this matter.” 

Buchanan further stated if Cervantes changed his plea, he would give up the right to remain silent and he would be questioned on the record to determine factual basis in support of a guilty plea. Cervantes stated he understood and he had no questions for Buchanan. 

Buchanan went over the financial obligations and impact to Cervantes’ civil rights, noting Cervantes may need to pay restitution, surcharges for victims’ compensation, court fees and reimbursements to the state for testing and attorney fees. Cervantes stated he had no questions and understood his right. Buchanan also explained Cervantes’ civil rights which could be affected with a guilty plea. Cervantes noted he had no questions pertaining to his civil rights.

“You need to be aware, if you are a foreign national and you are here legally or illegally, certain felony convictions will likely be the basis for deportation proceedings,” Buchanan said. 

Buchanan also noted Cervantes would need to submit a DNA sample to the national crime lab for past, future and present crimes. Again, Cervantes stated he had no question for Buchanan.

Boyer presented Cervantes a plea agreement.

“Preliminarily, the state deems it appropriate to, given the severity of the nature of the charges here, to describe the background of the plea agreement from the state’s point of view. There are three charges here and two counts of aggravated homicide by vehicle for both Mr. and Mrs. Leslie and Linda Thayer as well as a third count, felony possession of a controlled substance, alleging methamphetamine in crystalline form,” Boyer said. “If the state were to go to trial in this matter and convict Mr. Cervantes of all three charges, Mr. Cervantes would face a potential for up to 47 years incarceration. He’s a gentleman who’s already about 27 years of age and by terms of the plea agreement, which calls for the state to agree to have Mr. Cervantes pled guilty and provide a sufficient factual basis to count one, the first of the two vehicular homicide counts and to count three, felony drug possession which arguably forms a lot of the basis for the factual basis for the severity of the aggravated homicide by vehicle which Mr. Cervantes has agreed to plead guilty to.”

Boyer noted if Cervantes takes the plea agreement he could be facing up to 27 years in prison.

“Which, theoretically, would make him as old as about 55 years old if and when he was release and that coupled with the fact that we have discussed this potential plea agreement with the victims who are aware, as is as the state, that Mr. Cervantes also faces potential felony charges out of both Colorado and Kansas and potential federal detainers for both. Eventual deportation, should Mr. Cervantes live that long, and potential detainer for federal criminal charges including but not limited to being a previously deported felon, back in the United States, committing crimes related federal charges,” Boyer said. “For all of those reasons, the state agrees with the counsel for Mr. Cervantes that in return to him pleading guilty to count one vehicular homicide, aggravated, and count three felony drug possession, the state would agree to dismiss count two being the other aggravated vehicular homicide count.”

Boyer noted, Cervantes would have no option to change his plea once the deal is accepted. Boyer further explained Cervantes would need to provide an actual factual basis for the crimes. Boyer indicated victims’ assistance is working with the family to help determine restitution although the victims are aware there is a slim chance of receiving it. Boyer also explained, the state reserves the right to argue restitution at sentencing. 

“Just to reiterate your office and the victims’ assistance office has been in contact with members of the Thayer family, presumably would agree with the plea agreement as you recited?” Buchanan asked Boyer. 

“Correct. Considerably, Leslie Thayer’s sister. Leslie and Linda were husband and wife,” Boyer said.

Buchanan asked Palen if the plea agreement Boyer presented was the same agreement he had gone over with Cervantes. Palen agreed. Buchanan once more confirmed the agreement at hand stating counsel would argue sentencing at the hearing but it would be up to the court to decide what Cervantes’ sentence is. Buchanan also explained should Cervantes receive a sentence he was unhappy with he would not be able to withdraw his guilty plea.

Cervantes entered a guilty plea to counts one, aggravated homicide by vehicle and count two, felony possession of a controlled substance. Court stood in recess. 

A sentencing date will be scheduled after the presentencing investigation is complete.