GOSHEN COUNTY – On the morning of Monday, April 21, Ashley Marie Hullinger, appeared in front of the Honorable Eighth Judicial District Court Judge Edward Buchanan for a change of plea hearing. Hullinger appeared along with her public defender, Greg Asay. Goshen County Attorney, Eric Boyer, represented the State of Wyoming. 

“My schedule says we’re set for a change of plea today. Mr. Boyer, Mr. Asay, is that correct? What are the details of that?” Buchanan asked the two attorneys. 

“That is correct, Your Honor and the parties have discussed a potential plea agreement, under Wyoming Rule of Criminal Procedure 11 E-1B,  and have agreed to that in return for a guilty plea and sufficient factual basis from Ms. Hullinger, the state would agree to consent to, but not necessarily agree to recommend this position under Wyoming statute 7-13-301 and additionally agree to stand silent at sentencing,” Boyer explained. 

Asay concurred. 

“As we begin. Ms. Hullinger, today, are you under the influence of any medicine, alcohol, or drugs or is there any other condition of which this court needs to be aware that would make it difficult for you to understand these proceedings, communicate with the court, or otherwise participate?” Buchanan asked.

“No, Your Honor,” Hullinger responded.

“I’m going to go over this with you again. Previously, we had an arraignment on December 19 of 2024. This is a single count information alleging child endangerment, alleging specifically that on or about November 14 of 2024, that you, as a person having care or custody of a minor child with the initials C, as in Charlie, H, as in hotel, did permit CH to remain in a room or dwelling within Goshen County where you knew methamphetamine was being possessed or ingested,” Buchanan said. “If found to be true, that’s contrary to Wyoming statute 6-4-405 (b) and (c). It is a felony, maximum possible penalty five years in imprisonment, $5,000 fine or both.”

Through her attorney, Hullinger waived the reading of her constitutional rights.

“Ms. Hullinger, there are some things I’m going to go over with you that I wouldn’t have covered at the arraignment and those are consequences of a plea to a felony. So, I want to go over those with you. They’re financial in nature and also impactful to your civil rights,” Buchanan began. “Financially speaking, you could be required to pay restitution for any criminal acts for any victims. [I] don’t know anything about the case other than the charge, but you just need to know that that’s a possibility and that the restitution could become a civil judgment against you in favor of any victims of the crime.”

“In addition, there is a surcharge that court assesses to the victims of crime compensation fund, of not less than $150 or more than $350. That ranges between $200 and $400 depending on whether or not this is your first criminal offense under the laws of the State of Wyoming or not,” Buchanan continued. 

Buchanan further explained Hullinger could also be required to pay additional court fees of $50 to the Indigent Civil Legal Services fee and she could also be required to repay the state $75 for the cost of mandatory substance abuse testing.

“Being represented by the public defender’s office, you could be required to repay the State of Wyoming for the reasonable value of the services provided to you by your court appointed attorney,” Buchanan explained. “Now, speaking to civil rights, felony convictions deprive you of certain rights such as the right to vote, hold public office, sit on jury and could affect your ability to obtain certain employment or professional licenses.”

“In addition, a felony conviction will affect your right to own or possess firearms, ammunition and explosive devices. When we use the term firearm, we mean firearms, ammunition and explosive devices in the broadest sense possible. You will be prohibited from owning or possessing firearms under Wyoming state law,” Buchanan said. 

Continuing on, Buchanan further noted in addition to Hullinger losing the right to possess a firearm under Wyoming law, she would also lose the right under the federal government, unless her rights were restored under Wyoming and federal law. 

“Wyoming law also requires that I advise you that if you were to engage in any occupations such as if you’re a peace officer, security guard, a member of the armed forces, and any occupation that required you to own, possess, carry or utilize a firearm by pleading guilty to the felony, you may lose the right now and in the future to engage in that particular occupation or profession,” Buchanan said. 

“Ms. Hullinger, you also need to be aware that if you were to become a convicted felon, you would be required to submit a DNA sample to the Wyoming Department of Criminal Investigations for storage in its database, potentially forever, and that DNA sample could be used in the investigation and prosecution any past, present or future crimes,” Buchanan said. “You also need to be aware that by pleading guilty to a felony, if that conviction is occurred and you were probation or parole for any other crime, your probation or parole, in that case, could be revoke and you could be subject to any underlying consequences for that revocation, like if there was a suspended sentence or something along those lines by pleading guilty to this case. Also, even though this is a child endangerment, it does involve an allegation with regard to methamphetamine and so there is the possibility that your rights to obtain certain federal benefits such as student loans or HUD housing loans, federal benefits, federal contracts, licenses, social security and food stamps could be affected by a guilty plea,” Buchanan continued.

Hullinger acknowledged she understood the consequences Buchanan explained.

“Now, the attorneys have talked a little bit about a plea agreement today and the agreement doesn’t call for any type of specific sentence. Rather, it simply calls for you to plead guilty to the only count in the information and in return for your guilty plea, the state agrees to do two things. The first of which is if the court thought it was appropriate, it would give its statutory, would you require consent to a treatment under 7-13-301, which means that your guilty plea would be held in advance today and the court would rather consider whether or not you would be deserving of a deferred prosecution status,” Buchanan explained. “Your attorney has probably explained to you the benefit of that deferred prosecution.”

“The second thing is that the state would stand silent at sentencing. Meaning you and your attorney could pretty much then argue for the deferred prosecution and the state wouldn’t say anything other than having given its consent to the 301 because it is not an agreement for the 301. They’re simply giving their consent and leaving the court with the discretion to grant or not grant the 301 or deferred prosecution,” Buchanan explained. “This comes under Wyoming Rules of Criminal Procedure 11 E1B, which means in this case, if I did not give you the benefit of a deferred prosecution under Wyoming statute 7-13-301, you wouldn’t be able with withdraw your plea. You’d be stuck with a felony and whatever ramifications come along with that, some of which I‘ve described to you this morning.” 

Again, Hullinger acknowledged she understood. 

“What I would do today, if you decided to change your plea, I would reserve the right to review a pre-sentence investigation report that I would order. That is a summary of your life history, criminal history and your background to give the court a good idea of what your life has been like in helping the court fashion a just and appropriate sentence for your case and I would hold your guilty plea in abeyance until such time I made the determination as to whether or not he court would grant you the deferred prosecution,” Buchanan said. 

With no questions for the judge, he asked Hullinger a few questions before accepting her change of plea. 

“Ms. Hullinger, to the charge that on or about November 14 of 2024, you violated Wyoming statute 6-4-405 (b) and (c), known as endangering children, a felony punishable by up to five years in prison, a $5,000 fine or both in contrary to the statute against the peace and dignity of the State of Wyoming,” Buchanan said. “How do you plead?” 

“Guilty, Your Honor,” Hullinger said. 

Hullinger was then ordered to complete the pre-sentencing investigation report and court stood in recess.