Erik H. Yazzie, 32, of Phoenix has been charged with automobile homicide, driving under the influence, theft by receiving stolen property and improper lane change.
On April 21, Yazzie left a Moab restaurant without paying, according to charges filed in 7th District Court, took a stolen a 2003 Ford Taurus and drove south on U.S. Highway 191. About 15 miles south of Moab, the Utah Highway Patrol has said, Yazzie crossed the center line and crashed head-on into Montoya's Ford Escape.
Montoya died at the scene. Yazzie received significant injury. A helicopter flew him to a hospital in Grand Junction, Colo.
Court documents claim Yazzie had a blood-alcohol level of 0.21 after the crash. Utah law considers .08 too drunk to drive.
The homicide charge is a second-degree felony punishable by one to 15 years in prison. The drunk driving charge is a third-degree felony punishable by up to five years in prison. The theft and traffic violation are misdemeanors.
The charges were filed July 13 by the San Juan County attorney. There is a warrant for Yazzie's arrest. As of Monday, he had not yet been booked into the San Juan County jail.