GOSHEN COUNTY – On Monday, August 19, at 10:30 a.m. Brianna D. Green (19) appeared in front of Circuit Court Judge Nathaniel S. Hibben in the Circuit Court for the Eighth Judicial District in Goshen County, to hear the charges she would be facing, one count of homicide by vehicle for the November 2023 death of 19-year-old Dallas Fierro, of Torrington.

Hibben presided over the case while Goshen County Deputy Prosecuting Attorney Ken Brown represented the State of Wyoming and Eric Palen, public defender, represented Green.

Charges were originally filed in the circuit court however the case was bound over to district court in March. 

“Judge Hibben swiftly concurred with the prosecution and spoke before the court and the defendant just prior to recess,” the Telegram reported wrote in the March hearing article. “‘Ms. Green, with respect to his case, I do find there is probable cause you committed a DUI,’ Hibben said. ‘Whether you drove recklessly and caused [the] death of another person, your conduct was the cause. The matter will be bound to district court and that’s where you will be arraigned.’”

During a recent meeting, felony charges were dropped for Green and subsequently, charges were refiled in circuit court, according to the Goshen County Victim’s Assistance Office on Monday afternoon. 

“Ms. Green, this is a new filing. I understand that you were before me in February on felony charges with an identical set of allegations. Of course, I’m not privy to all of the procedural history but what I understand is that those felony charges have been dismissed and there has been a refiling of the charge here in the circuit court so you’re here on the summons in this case begins a new on that refiling understand what that means?” Hibben asked Green.

Green nodded her head and affirmed Hibben, simply saying, “Yes, Your Honor.” 

“We’re on the record. I am Judge Hibben and you’re here in person. You’re not here with Mr. Palen. Mr. Palen has been appointed to represent you in the case. Mr. Brown is here. He is the deputy county prosecuting attorney,” Hibben explained. “I understand Mr. Palen wants to be here. He is double or even triple booked is what I understand and that’s what his assistant has spoken with the clerk and that’s my understanding about why he cannot be here,” Hibben continued. 

“Nonetheless, he was appointed in the case, and he is your lawyer in the case, and I cannot proceed without him here,” Hibben explained. “It’s 10 or 12 minutes after the appointed time to begin, everyone has been waiting patiently and so I’m here on the bench to begin the court hearing.”

The court was then rescheduled for 3 p.m. in order to give Green an opportunity to have counsel present. 

Shortly after 3 p.m., Hibben, once again, called case CR-2024-72, State of Wyoming vs. Brianna D. Green where Green was charged with homicide by vehicle with a maximum penalty of not more than one-year imprisonment, a $2,000 fine, or both in the November accident which claimed the life of Fierro to order. 

Brown, Palen and Green were all present and the court case continued as Hibben advised Green of her rights for the initial hearing and arraignment. 

“Let me start with your rights in the case there are as follows:  first, you always have the right to an attorney. That’s a lawyer chosen and paid for by you and you’re exercising the right to your attorney in this case. Ms. Green, you have the right to a jury trial on this charge. That’s a trial before six members of Goshen County. They would come before the court, and they would decide whether you were guilty. Any trial must take place within 180 days of today’s date,” Hibben explained. 

Hibben further explained Green had the right to a bond and advised her she had four different pleas to which she could enter, guilty, not guilty, no contest, or not guilty by reason of mental deficiency. Hibben also explained Green’s right to remain silent during court proceedings as well as her right to confront and cross-examine witnesses during her trial. Hibben also explained the right to call witnesses and the right to put the state under burden. 

“On the other hand, if you plead guilty either today or someday before your trial, pleading guilty meaning you admit to the charge, a guilty plea would mean that there would be no trial and you would be waving all of the rights I went over, including the right to remain silent,” Hibben said to Green. “You would need to tell me some facts in support of your guilty plea. If there were sufficient facts, then you would be found guilty and we would proceed to a sentencing hearing at some point to be determined.”

Hibben also advised Green of a bond once more.

“As I said, you do have the right to a bond. The terms and conditions of that bond will be set this afternoon, should that be necessary. Should you be pleading not guilty, we’ll set the case for schedule, and we will come back at a time to be determined or for other hearings according to that schedule. Do you understand the process I laid out here?” Hibben asked Green who affirmed with a yes. 

“Ms. Green, let me read before you formally the information that’s been filed here in the court. This is the name of the charge that’s been filed and reads as follows: It comes now, Mr. Boyer, County and Prosecuting Attorney for Goshen County, State of Wyoming. He respectfully informs the court and gives it to understand that Brianna D. Green, in Goshen County, State of Wyoming did unlawfully on or about November 19, 2023, that you Brianna D. Green did operate or drive a vehicle in a criminally negligent manner and your conduct is alleged to have been the proxy because of the death of the person,” Hibben explained. “More specifically, Brianna D. Green is alleged to have operated or drove a vehicle while they under the influence of alcohol and controlled substance or substances and while driving at excessive speeds knowing that the tires on her vehicle were in extremely poor condition and further Ms. Green’s conduct is alleged to have been the approximate cause of the death of the passenger riding in her vehicle. A young person named Dallas Fierro,” Hibben continued. 

“The offense filed and charged against you is called homicide by vehicle and the manner and which it is charged, it is a misdemeanor charge and the maximum penalty if convicted is not more than one year imprisonment, a $2,000 fine or both,” Hibben explained.  

Hibben then asked for a plea on behalf of Ms. Green where a not guilty plea was then entered.  

After the plea was entered, Brown had a moment to speak to the court. 

“Thank you, Your Honor,” Brown began. “This was handled in August by my predecessor, so I looked to the bond form that was filled out by the court previously. It looks to be appropriate. The state, I don’t know if it was per the state’s request, but the court set bond at $20,000 at 10% so all she was required to post on that was $2,000. Given the dramatic consequences of her actions I still think that that is appropriate despite the fact that we have reduced this to a misdemeanor and find ourselves now in circuit court,” Brown explained. 

“I did speak with the mother of Mr. Fierro, the deceased, given her kindness she does not wish that there be no contact. She tells me that this defendant is not an evil person and very compassionately says she doesn’t want any type of no contact,” Brown explained. “So again, $20,000 at 10% is appropriate with those terms and conditions.”

Green’s defense spoke next expressing the defendant and her family do not have the funds to post bond. 

“I can tell you that my client has been out this entire time, and has not had any problems that I am aware of,” Palen said. 

Palen also expressed Green was not a flight risk or a risk to the community. 

Hibben discussed an appropriate bond for Green with Palen, momentarily, before going over the schedule of the case. 

“Let’s talk about a schedule on the case before I formally set bond,” Hibben said. “Council, as I said, this is a case that I think has been going on for a while, talking about events that are alleged to have taken place in November and we have a charge that’s been on the books in one form or another since February. Is there some reason we can’t be ready for a trial in 60 days?” Hibben asked. 

Palen agreed he and Green would be ready to appear before Judge Hibben in 60 days. 

“That’s plenty of time, I would agree with Mr. Palen,” Brown said. “My notes in the file indicate and emails are consistent with the fact there is intention on both parties to reach an agreement on this manner.” 

Brown also advised Judge Hibben there had not been time for Brown and Palen to discuss any form of deal in the case since it was transferred back to circuit court. 

“One last question is there any reason we could not set a change of plea for this for a week from today then,” Hibben asked Palen and Brown.

A change of plea hearing was then set.

“We are going to set a change of plea hearing for Monday afternoon, and we will be in touch with your respective offices,” Hibben said.

Brown noted sentencing would not be expected on that day pending a presentencing investigation. 

“In light of that, Ms. Green, I am going to set your bond. It will be $20,000 but it will be unsecured,” Hibben explained. “I have significant revelations about a bond of that nature. Not about you, necessarily. Your track record over the last several months tells me what I need to know about a bond. It tells me for example you are not a flight risk and you’re not going to flee from the court’s jurisdiction. It tells me that you’re unlikely to commit other crimes, to put other people in danger. So those are all things in your favor but nonetheless, the charge is very severe, and you know that,”

A change of plea hearing for Green has been scheduled for August 26 at a time to be determined.