New York Woman Charged with Vehicular Homicide Pleads Not Guilty

A 25-year-old New York woman who allegedly fatally struck a pedestrian with her vehicle last month and fled the scene in Kalispell pleaded not guilty to a felony count of vehicular homicide while under the influence of alcohol.

Desirea Garrera, 25, entered the plea during an Aug. 18 arraignment hearing in Flathead County District Court before Judge Dan Wilson.

The defendant was also granted a bond reduction from $100,000 to $25,000 during a bail modification hearing on the same day and she was released from Flathead County Detention Center.

According to the conditions of release, Garrera must reside at her employee housing in West Glacier until her seasonal work as a bartender and server is finished in October, followed by her mother’s residence in New York. Alcohol is also prohibited, although she is permitted to continue serving alcohol for work.

Flathead County Deputy Attorney John Donovan objected to the bail reduction, arguing Garrera was a flight risk because she fled the scene of the incident and cited an infraction in New York that involved alcohol, but she was below the legal limit.

“Ms. Garrera is charged with a very serious offense resulting in a homicide,” Donovan said. “The allegations are that intoxicating substances were involved, and the state is concerned that given the lengthy potential penalty and Ms. Garrera’s lack of ties to the community, there are concerns about a flight risk.”

Garrera’s attorney, Scott Hilderman, argued the defendant did not realize she struck a person at the time of the incident, and that she was driving a friend who was experiencing a medical emergency to the hospital. Once she arrived at the hospital, the other occupants of the vehicle called law enforcement after realizing she might have hit a person, Hilderman said.

“She did not flee when she thought she did something wrong,” Hilderman said.

Judge Wilson cited the defendant’s stable housing and lack of passport to determine that she was not considered a flight risk.

According to charging documents, Garerra on July 23 struck a pedestrian on East Idaho Street and continued driving, later telling Kalispell Police Department officers that she thought she hit an animal at the time of the incident.

Law enforcement was dispatched to the scene at 3:09 a.m. near 801 East Idaho Street in Kalispell where officers found a deceased male on the ground who was later identified as Lawrence Joseph Souza Jr.

Souza’s companion told officers they were walking westbound on East Idaho Street when he heard a vehicle traveling at a “high rate of speed” behind them before Souza was struck, records state. The vehicle continued driving westbound, he said.

Officers found Garrera’s vehicle at Logan Health following a call from hospital staff at 3:43 a.m. Law enforcement arrived to find damage to her Jeep Cherokee, records state.

Garrera told officers she was there because she had driven a friend, who was having a medical emergency, to the hospital and that she might have hit an animal before that. Law enforcement observed signs of intoxication while speaking with her, records state.

Garrera is scheduled to appear for a pre-trial hearing on Jan. 4 at 1:30 p.m. She faces a maximum sentence of 30 years in the Montana State Prison.