Earlier this year, two infamous I-70 road rage incident photos were posted by the Denver media in hopes that someone could identify this woman. Just a few days ago Denver police, working from a tip from Crime Stoppers, arrested Andrea Marquez for her aggressive attacks that frightened her victim and caused thousands of dollars of damage to her car.
Marquez is charged with felony criminal mischief, felony menacing with a weapon, reckless driving and driving under revocation. Marquez has a long history with the law stacking up numerous traffic violations and theft charges.
- Criminal mischief is committed when someone knowingly damages personal property belonging to another. This would apply to the damage to the victim’s car. Marquez took a metal object from the trunk of her car and repeatedly hit the victims car causing $2000 worth of damage.
Class 4 Felony (F4) if aggregate damage to property in a single event is between $1000-$20,000 market value carries a presumptive sentence of up to 6 years prison and restitution.
- Menacing is committed if by a threat or physical action, a person places or attempts to place another person in fear of immanent serious bodily harm. If a weapon is used or there is the perception of a weapon it will enhance the penalties of a menacing charge. Marquez threatened the victim and put in fear of her life when she demanded the victim get out of her car. The weapons in this case are Marquez’s phone and metal object from her trunk.
Class 5 Felony (F5) if a weapon is present or a person represents themselves as armed with a deadly weapon. This charge does not have a mandatory prison time but may carry 1-3 years prison with two years mandatory parole.
- Reckless driving is driving in such a manner as to indicate either a wanton or a willful disregard for the safety of people or property. Marquez positioned her car in such a manner as to sandwich the victim between herself and the road guard.
What started as a tap on the brakes to alert other drivers to slow down ended with a victim’s frazzled nerves, fear of for her life and serious damage to her car. Marquez allegedly blocked two lanes of traffic, got out of her car and grabbed a metal object. There is no report on her intent.
“She gets out of her car [and] comes around to my driver’s (side) door like she’s gonna beat me up, but I couldn’t get away. She said, ‘Open the door [expletive],’ and I was not opening my door,” the victim said. She goes to get something in her trunk. At this point, I think she’s going to get something out and shoot me, and I’m scared to death,” the victim said.”
Marquez was released on bond and is set to appear May 16 in Denver County court for formal advisement.
If you have been arrested or charged with any crime or if you have questions about criminal mischief, menacing or traffic matters, please feel free to contact Denver Criminal Defense Attorney Philip M. Smith at 303-333-8900 or at philipsmithlaw.com.
