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Rockville resident Kevin Orihuela, 22, had a few too many mimosas during a 21st birthday celebration before getting behind the wheel and T-boning his Audi into 62-year-old Noel Powell's Ford Fusion, resulting in the father of two's death.
On Friday, Orihuela was sentenced to 10 years in prison with all but four years suspended, according to the state's attorney's office.
Orihuela went to brunch in the afternoon of Aug. 14, 2022 at a restaurant in the Pike and Rose center with a group of friends to celebrate one of their 21st birthdays, where they ordered "bottomless mimosas," a term he took to heart as he drank 11 over the course of less than two hours.
Prosecutors say that video uncovered during the investigation found that Orihuela was constantly sitting with his head on the table and head in his hands in the minutes before he decided to get into his Audi A4 and driving away, putting his foot to the floor and speeding at 70 mph in a 40 mph zone toward the ramp with Route 355.
While speeding away from the brunch spot, Orihuela's Audi struck Powell's Ford, as he was on his way home from work and had to be rushed to Suburban Hospital, where he was later pronounced dead, leaving behind a wife of 34 years and two children.
"Powell was finishing a shift as a security supervisor for a private company that provides security to federal buildings in Rockville," according to officials. "He worked for the company for over 15 years. His only plan for the evening was Sunday night dinner with his wife."
According to his obituary, Powell was born in Jamaica before moving stateside in 1992, where he settled in Montgomery County.
Orihuela was also taken to an area hospital, where he proclaimed he had neither been drinking, nor speeding, though his Blood Alcohol Concentration was nearly double the legal limit more than an hour after the crash.
Four hours later, his BAC was still .09 percent, and his mimosa binge was later uncovered on camera.
Orihuela was convicted in October of homicide by motor vehicle while under the influence of alcohol and gross negligent manslaughter by motor vehicle. Following his prison term, a judge ordered that Orihuela serve five years of supervised probation.
He had faced up to 15 years in prison.
"We express our deepest condolences to the family of Noel Powell," State's Attorney John McCarthy stated. "This is a tragic reminder that if you engage in activities where alcohol is served, you need to have a plan.
"You should use public transportation, ride sharing, or another method to ensure you have a sober driver and do not pose a risk to the community. This loss of life was completely avoidable.”
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