According to the Montgomery County State’s Attorney’s Office, “in the Circuit Court for Montgomery County, MD, before the Honorable Sharon Burrell, a jury has convicted defendant, Kevin Orihuela, 22, of Rockville, on charges of Homicide by Motor Vehicle while Under the Influence of Alcohol and Gross Negligent Manslaughter by Motor Vehicle for causing the crash that killed 62-year-old Noel Powell of Germantown. The jury reached its verdict late yesterday afternoon, October 5th, 2023. Orihuela faces up to 15 years in prison. A sentencing hearing is scheduled for December 15th, 2023.
The fatal crash occurred on Sunday, August 14th, 2022, at Josiah Henson Pkwy and Randolph Rd, at the intersection of Josiah Henson with the exit ramp from route 355 at approximately 4:12 p.m. The defendant, Orihuela, had gone to brunch at a restaurant in the Pike and Rose center with a large group of friends to celebrate one of their 21st birthdays, where they ordered “bottomless mimosas.” Based on a review of surveillance video, the defendant drank 11 mimosas over the course of one hour and 55 minutes (1:06 pm to 3:01 pm). The video depicts the defendant consistently sitting with his head on the table and head in his hands in the minutes before he leaves. He then got into his Audi A4, left Pike and Rose via the Towne Road exit, turned right onto Josiah Henson, and quickly accelerated his Audi toward the intersection with the ramp from route 355. The event data recorder from his vehicle showed that as he approached that intersection, he was accelerating at one hundred percent of his vehicle’s capability and reached a speed of 70 miles per hour. The speed limit on that road is 40 mph.
