State Patrol: Denver driver in fatal crash near Rabbit Ears was not impaired |

State Patrol: Denver driver in fatal crash near Rabbit Ears was not impaired

Matt Stensland
Breckenridge resident Lienchai Harker pictured with her partner James Fagan, who was killed Monday in a crash near Steamboat.
Photo from GoFundMe

The Colorado State Patrol does not believe the driver who caused a fatal crash on the east side of Rabbit Ears Pass was impaired by alcohol or drugs.

Investigator Matthew Pixler said impairment was ruled out by the trooper who visited Felix Cervantes, 35, of Denver, at the hospital.

Cervantes was traveling eastbound on U.S. Highway 40 in his Dodge Durango when he passed in a no-passing zone at the top of a hill. He hit a GMC Envoy head on, killing 24-year-old Breckenridge resident James Fagan.

Pixler said the Envoy was headed to Steamboat Springs.

The driver of the Envoy was Lienchai Harker, 42, of Breckenridge. Harker was Fagan’s partner.

She was taken to Swedish Medical Center, where she was listed in good condition Wednesday.

“She has a lengthy recovery,” Pixler said.

Pixler said Cervantes was taken to Denver Health Medical Center.

Denver Health would not acknowledge that Cervantes was there and would not release a condition.

Pixler said Cervantes is expected to recover. He will be charged, but Pixler said the charges have not yet been determined.

Pixler said Cervantes had warrants for his arrest at the time of the crash.

A GoFundMe page has been established in memory of Fagan at

*This story has been updated to correct a headline error.

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