CHEYENNE – A woman accused of injuring a motorcyclist while driving under the influence had her sentencing rescheduled Monday due to differing opinions about how much restitution she owes the victim.
Ashtain Fleischhacker, 23, of Cheyenne was originally charged with DUI-serious bodily injury, misdemeanor possession of marijuana, misdemeanor open container while operating a motor vehicle and misdemeanor driving while under suspension.
According to a plea agreement, the state plans to dismiss all other charges in exchange for Fleischhacker’s guilty plea to DUI-serious bodily injury. The agreement said both sides will recommend an imposed sentence of five to seven years in prison, suspended for five years of probation.
During her sentencing hearing Monday, there was a disagreement over the restitution amount Fleischhacker owes between what was on the pre-sentence investigation report and what the state and defense were telling the court.
For that reason, Laramie County District Judge Thomas Campbell chose to continue the sentencing to a later date so the restitution amount could be settled. A specific date was not immediately identified.
Since the crash, Fleischhacker has been attending an intensive outpatient treatment program, has been attending Alcoholics Anonymous twice a week, will participate in a cognitive thinking group, will attend a victim impact panel and plans to apply to DUI court, according to a sentencing memorandum filed by the defense.
The memorandum stated Fleischhacker hasn’t driven since the crash, and she is willing to surrender her license. It also states that she can be rehabilitated without going to prison, has a good support network and is already being punished for the crash.
Prior to this crash, Fleischhacker was also convicted of a DUI in March 2019. With her current DUI charge, she faces a maximum sentence of 20 years in prison. Although she has a plea agreement, sentencing is up to Judge Campbell.
At her change-of-plea hearing in February, Fleischhacker said she drank a “tall beer” at Alf’s Pub before she hit the motorcyclist, which caused them to suffer multiple cranial fractures.
She said the crash occurred at the corner of 15th Street and Logan Avenue, which was only a few blocks from the bar.
However, prosecuting attorney Cameron Geeting said Fleischhacker failed to mention that she also had a bottle of tequila in her car, and her blood-alcohol content was 0.19% at the time of the crash.
Campbell asked Fleischhacker if she also consumed tequila, because someone doesn’t get a 0.19% blood-alcohol content from just one tall beer.
Fleischhacker said she had been in Mexico, where she was drinking heavily, and had just returned to the United States before the crash occurred. Campbell said he’s not going to play around with how intoxicated she was when she came back to the U.S.
A witness reported that they saw Fleischhacker trying to pour out a bottle of tequila before police arrived at the scene of the crash, according to court documents. The bottle was found on the rear floorboard of the vehicle, and spilled liquid was present outside of the driver’s door.
The same witness reported that after hitting the motorcyclist, Fleischhacker continued driving east and didn’t stop her car until her path was blocked.
Also heard in Laramie County District Court on Monday afternoon:
Christopher Jantti pleaded not guilty to aggravated robbery with a deadly weapon for allegedly robbing a Big D Exxon gas station on East Lincolnway. His trial was set for Oct. 13, and Campbell agreed to modify his bond to $1,000 cash.
Jantti is accused of threatening a gas station employee with a concealed firearm on April 29, and stealing cash from the register, along with cigarettes, according to court documents.
During the robbery, Jantti had his hand in his pocket and told the store clerk “don’t make me shoot you,” according to court documents. The store clerk believed Jantti had a gun during the robbery, and they were in fear for their life.
Police were able to identify and arrest Jantti from gas station surveillance footage, according to court documents.