Driver in fatal hit and run pleads guilty

Dec. 4—CHEYENNE — A local man accused of hitting and killing a woman with his vehicle while drunk and then leaving the scene pleaded guilty Tuesday morning in Laramie County District Court.

Kyle A. Ziemer pleaded guilty to aggravated vehicular homicide (DUI) as part of a plea agreement. The state agreed to cap its sentencing argument at 10 to 14 years in prison, while Ziemer and his attorney are free to argue for any sentence they feel is appropriate, including probation.

The charge carries a maximum penalty of 20 years in prison and/or a $10,000 fine.

An additional misdemeanor charge, leaving the scene of an accident resulting in injury or death, would be dismissed at sentencing.

Laramie County District Judge Steven Sharpe tentatively set Ziemer's sentencing for 2:30 p.m. March 14.

Andrea Martinez, 38, of Cheyenne was identified by Wyoming Highway Patrol as the victim. Martinez was taken to Cheyenne Regional Medical Center shortly after the incident, where she died from her injuries.

At 5:49 p.m. March 24, Cheyenne Police officer Alyssa Muzquiz responded to a hit and run involving a pedestrian near the intersection of Nationway and Hot Springs Avenue. According to court documents, Martinez was walking eastbound on the asphalt part of a median on Nationway when the driver of a red 2014 Chevy Silverado pickup truck, later identified as Ziemer, swerved into the median and struck Martinez, witnesses said.

When she arrived at the scene, Officer Muzquiz saw Martinez lying in the median and took over from a civilian who was administering CPR to Martinez.

Muzquiz later interviewed two witnesses who had been driving behind Ziemer. Both said they saw him swerve into the median, hit Martinez with his truck and continue driving on Nationway, according to court documents.

Officer Logan Warren arrived at Ziemer's residence shortly after he allegedly struck Martinez with his vehicle. When Warren arrived, two witnesses said they had followed Ziemer from the scene, and one pointed at Ziemer to identify him as the person who hit Martinez, according to court documents. The two witnesses said they were driving near Ziemer, one in front of and one behind him, when they saw him hit Martinez.

Officer Warren made contact with Ziemer as he was attempting to open his front door, handcuffing him and placing him in the back of his patrol car while he interviewed witnesses, Warren said during an April 2 preliminary hearing in Laramie County Circuit Court. Warren noticed Ziemer's speech was slurred, his eyes were watery and bloodshot, and he smelled of alcohol.

Warren testified that Ziemer's blood-alcohol level was tested at CRMC after the incident, but he didn't know the results of the test. Ziemer failed one field sobriety test, Warren said, and further tests were not conducted because Ziemer had fallen over several times while in police custody.

During interviews with police, Ziemer said he'd had six beers at a work party, and initially said he had been driven home by a friend, Warren testified.

Later, at the hospital, Ziemer told police officers he'd hit Martinez with his vehicle, saying: "I was the one driving," and "It's a huge relief to tell someone I drove and hit the woman with my truck," according to court documents.

Officer Warren testified that, after learning Martinez had died, Ziemer "looked sad" and said he "felt bad." When asked during the jail booking process if he was depressed, Ziemer said he was because he had just killed someone, Warren said.

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Also heard Tuesday:

Christopher Shawn Potter pleaded no contest to felony aggravated assault and battery with serious bodily injury as part of a plea agreement.

Four additional charges — felony strangulation of a household member, misdemeanor reckless endangering and domestic battery (first offense), as well as a habitual criminal charge — would be dismissed by the state at sentencing.

Aggravated assault and battery carries a maximum sentence of 10 years in prison and/or a $10,000 fine.

Judge Sharpe tentatively set Potter's sentencing for 2:30 p.m. March 14.

At 4:56 p.m. May 1, a Laramie County Sheriff's deputy responded to a report of a physical domestic disturbance in the 400 block of West College Drive. The deputy contacted the reporting party, a woman, whose eyes were both swollen shut, according to court documents. She had blood all over her face and hands. The woman later told the responding deputy it was Potter who injured and choked her.

Medical staff at Cheyenne Regional Medical Center said the woman had loose, missing and chipped teeth, was hallucinating, and told them she had passed out earlier when Potter choked her. The woman told law enforcement Potter had also punched her twice in the face, pulled her hair, pinned her to the ground and pounded her head against the floor, according to court documents. She said she was unable to breathe while Potter choked her, and described Potter as bipolar.

After the incident, Potter left the scene and drove to Colorado. He admitted to law enforcement over the phone that he'd assaulted the woman, according to court documents. He had also called the wife of the woman's father earlier that day and admitted to the assault, telling her he'd "snapped and lost control."

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.