Brennan Capellas, a Wyoming man, died after his red Kia was rear-ended on Interstate 25 north of Fort Collins in thick fog in the early hours of Jan. 3, 2025. More than a year and a half later, the Larimer County District Attorney’s Office has decided not to file any charges against the driver who hit him, despite a state patrol recommendation for seven criminal counts, including vehicular homicide.
The wreck happened at 2:08 a.m. in fog that limited visibility to between 100 and 300 feet, according to 9NEWS. Troopers who responded initially believed only one vehicle, Capellas’ Kia, was involved. It wasn’t until the driver of an Audi was found sitting behind the wheel more than four hours later that investigators realized a second car was involved, per the same report. Colorado State Patrol determined the Audi had been traveling 84 mph when it struck the Kia and came to rest 675 feet from the point of impact.
Capellas’ widow, Brittany Capellas, said she was initially told charges would be filed against the driver who hit her husband, and that the eventual decision not to prosecute was shocking, as reported by CBS Colorado. The family said they went months without updates and had no sense of how the investigation was progressing. Capellas’ daughter, Daisy Maynard, said the outcome left her family with no way to resolve who should be held accountable for her father’s death.
Toxicology and a Driver Who Didn’t Call 911
The driver who struck Capellas did not call 911 after the crash; instead, Snapchat messages indicated he had contacted friends to come pick him up immediately afterward, according to Your Wyoming Link. His Audi was not located until 6:33 a.m., according to Cowboy State Daily. His blood test later showed an alcohol level of 0.013, below Colorado’s legal limit of 0.08, Your Wyoming Link reported. Investigators said the hours-long gap made it impossible to determine whether he had been intoxicated at the moment of the crash…