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Driver High On THC Kills Passenger In Fatal Pennsylvania Crash: Affidavit

A York County man was allegedly driving under the influence of marijuana when he caused a deadly crash that killed his passenger in Newberry Township, police said in a release and confirmed in court document obtained by Daily Voice on Tuesday, Dec. 31.

Jose Juan Rivera Jr.

Jose Juan Rivera Jr.

Photo Credit: Newberry Township PD
The scene of the deadly crash in Newberry Township.

The scene of the deadly crash in Newberry Township.

Photo Credit: Newberry Township police department

Jose Juan Rivera Jr., 35, of Kelker Street, Harrisburg, was arrested after investigators determined he was at fault in a high-speed crash that killed 39-year-old Yahaira Montero of Harrisburg. The incident happened in the 700 block of Old Trail Road in Etters, York County around 9:07 a.m. on Oct. 4, 2022, according to an affidavit filed by Sergeant Taylor Nauman and as Daily Voice previously reported.

He had been driving a red Toyota sedan south on Old Trail Road when he crossed into the northbound lane, colliding with a white Jeep Wrangler. Front-seat passenger Yahaira Montero was pronounced dead at the scene, while rear passenger Jefferey Mercado suffered injuries. The Jeep’s driver, Gary Rachal, was uninjured.

Witness Steve Hartman told police the Toyota was speeding at about 60 mph, overtaking his vehicle in a no-passing zone despite wet roads and adverse weather conditions. Shortly after, Hartman came upon the crash involving the same Toyota, police said.

Data from the Toyota’s Airbag Control Module and Event Data Recorder confirmed Rivera was speeding before the crash, authorities said. A toxicology report revealed Delta-9 THC and its metabolite, Delta-9 Carboxy THC, in his blood at the time, with levels indicating recent marijuana use, police noted.

Rivera has been charged with Felony Homicide By Vehicle and three counts of Misdemeanor DUI under a controlled substance, police said and court records confirm.

He remains in SCI Frackville with his formal arraignment scheduled for Jan. 7, 2025.

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