TORRINGTON – On Thursday, September 19, Brianna D. Green (20) appeared with her attorney, public defender, Eric Palen in front of Circuit Court Judge Nathaniel S. Hibben in the Circuit Court for the Eighth Judicial District in Goshen County, alongside Goshen County Deputy Prosecuting Attorney Ken Brown, representing the State of Wyoming, to be sentenced for a misdemeanor charge of one count of homicide by vehicle for the November 2023 death of 19-year-old Dallas Fierro, of Torrington.

Hibben spoke briefly at the beginning of the hearing. He explained the state would be given the opportunity to provide additional testimony or witnesses, provide an argument and then the defense would be given the same opportunity. 

Brown noted the state had no additional witnesses to produce for the hearing. He also noted to the Hibben he had a brief statement for the court when given the opportunity. Brown also explained he had no persons who would be making a statement for the court. 

Palen advised the judge his client had a statement she wanted to read to the court when given the opportunity.

Brown began opening arguments. 

“Your Honor, this is a very, very sad and very, very tragic case and there is no way that we are going to salvage that through this sentencing,” Brown began. “But I think that I have fared out enough aggravating circumstances as well as some mitigating circumstances that may assist the court in making its decision. First, I would point out that the top of this list, it’s not necessarily an aggravator, because it is definitionally part of the offense, but Dallas Fierro lost his life. He was 19 years old at the time. He would be 20 now because his birthday was last month on the 8th and that is a tragedy beyond anything else that may have been done by this case.”

“The defendant, Ms. Green was operating a motor vehicle here in Goshen County which had bad tires. She knew that it had bad tires. In fact, the breaking of the vehicle caused it to veer left because of those bad tires,” Brown explained. “That was a decision that she had made to operate that motor vehicle despite that defect was present. Also, very excessive speed was a factor.”

Brown noted according to Green’s statement to law enforcement at the time of the investigation, Green admitted having been traveling at 40 mph when she began to apply the brakes of the vehicle. The computer in her car recorded her speed to be 81 mph, Brown explained to the court. 

“That was a zone marked for maximum vehicular speeds of 35 (mph). So, she was traveling 46 miles (per hour) over the speed limit with bad brakes,” Brown explained. “Furthermore, it is the obligation of the driver of the motor vehicle in this state to ensure that passengers are wearing seatbelts. Mr. Fierro was not wearing a seatbelt.”

Brown also explained Green had admitted to law enforcement she had consumed alcohol that night. 

“What the BAC (blood alcohol concentration) revealed, what her BAC revealed, two and a half hours after the incident, was a blood alcohol concentration of .102. Well over what we call the ‘legal limit’ for operating a motor vehicle in the state of Wyoming. And if we do the reverse calculation, assuming that alcohol in the system dissipates at a rate of .015 percentage per hour, that would put her at ruffly around .137. There always is that notion that a driver could have guzzled. At any rate, the .102 is certainly alarming,” Brown explained. 

Brown mentioned, upon initial investigation, Green claimed to have not been under the influence of any drugs.

“The blood revealed that she had THC in her system as well as opioids and to think I have no reason to believe in all of the materials that I have available to me, there is nothing to indicate that the opioids were prescribed and of course, we don’t prescribe THC in this jurisdiction,” Brown explained. “But opioids in conjunction with alcohol are certainly a recipe for disaster or in this case a catastrophe, Your Honor.

“Another factor that is disturbing, perhaps there is some reason to pity her under these circumstances and understand that nonetheless disturbing is that when she realized what had just happened; when she realized that Mr. Fierro was nonresponsive; when she knew that the car was wrecked beyond anyway to make it operatable, she did find her cell phone,” Brown explained. “I think every licensed driver, probably almost without an exception, understands that 911 is the call we make to get emergency vehicles on scene. Her election was to call friends. She had a nonresponsive passenger and she called friends.”

Brown had a few additional comments for his argument. 

“Finally, Your Honor, the fact is this was pled down from a felony. It was bound over and that’s why I feel that is permissible to bring that up to the court. The court is well aware of though, I am sure, that this had been bound over as a felony and Ms. Green was given that break,” Brown said. “On the other side of the coin, Ms. Green really has no record. I don’t find criminal offenses at all. I don’t see as much as a speeding ticket.”

Brown explained his argument for the state, noting according to Green’s criminal record, she was unlikely to reoffend. Brown also expressed the state collected input from Fierro’s family regarding Green’s sentencing and the state’s recommendations. 

“Next, the court wondered how the victim’s family was affected. I can say the word, Your Honor, profoundly. There’s little else that we can characterize as, however, as profound as the loss of life is, the mother of the victim, found it in her heart to be forgiving and compassionate. She was given an opportunity to write a victim impact statement.”

Brown assured Judge Hibben had a copy of the statement. 

“I am certain that a mother could fill this out in its entirety and probably supplement it with four or five notebooks,” Brown explained as Hibben reviewed the statement. “Her compassion is touching. Her victim impact statement is, ‘I forgive you, Brianna.’ That’s it.” 

Brown indicated the victim’s family requested restitution to replace a cell phone. 

“This is an offense that carries a year’s worth of incarceration. I would ask the court to impose a jail sentence of one year and to suspend all but 90 days given to balance between the aggravating factors and the mitigators in this matter,” Brown explained. 

Brown requested probation. He also requested Green avoid using alcohol and drugs as well as associating with those who do, including family members. He also noted he would request Green’s driver’s license to be revoked for some time. 

“I got to thinking, you know, every young person hears that this is a possibility,” Brown explained. “They know that if you make poor choices if you choose to violate the law by driving 46 mph over the speed limit in a 35-mph zone when you’re under the influence of drugs and alcohol, some bad things can happen. I am old enough to remember, it doesn’t sink in well until it happens to you.” 

Before resting his case, Brown also suggested to the court, Green use her traumatic experience to educate other youth on the dangers of making poor decisions. 

Palen then had the opportunity to respond to the state’s argument. 

“In working with my client during this incident, I can tell you, I think the reason why the victim’s mother forgives my client is because they know very well that my client is the one that really is going to need to get past this and forgive herself for this accident,” Palen explained. “That’s what it was, Your Honor. My client had no intention of causing this accident. She is greatly sorry for it and I know that she misses Mr. Fierro more than anyone, possibly.”

Palen affirmed the Green’s willingness to use the accident to educate others. 

“My client very much recognizes this was her fault and wants to avoid having, would do anything she can to try to convince other people, especially young drivers to take seriously what the laws of the state are and take seriously the problems that caused this incident, i.e., driving with bad tires, driving excessively in a certain speed zone, driving while under the influence. My client is very willing to talk to people and to try to encourage people not to get in this situation again,” Palen said. 

Palen explained to the courts Green had a job prior to the accident and she was attending college classes. 

“I don’t believe that a very lengthy sentence is going to be beneficial to anybody in this case. There’s nothing this court is going to be able to do at this time that is going to punish my client more than she punishes herself for what happened,” Palen said. “So, we would ask for a sentence, half of what Mr. Brown asked.” 

Green spoke to the court.

“I do want to talk about it and help other people so another thing like this won’t happen again. I didn’t think that would happen to me. That it would happen to Dallas. You don’t think it’s going to happen to you until it does,” Green explained tearfully. “I just wish it didn’t happen.”

Judge Hibben spoke to Green and asked for a little background information on her relationship with the victim. 

“He was my best friend,” Green said.

At the conclusion of the sentencing, Hibben sentenced Green to serve one year in the Goshen County Detention Center and he ordered Green to pay $526.24 in restitution costs to the victim’s family.