Prosecutors say suspect was intoxicated, defense claims vehicle malfunction led to fatal wreck

In opening statements given during the vehicular homicide trial of Alisha Herrera Wednesday morning, prosecutors argued that Herrera was extremely intoxicated the day she hit and killed two people and severely injured two others in her SUV, Herrera's defense argued that their client's malfunctioning vehicle led to a "tragic accident."

Herrera, 31, is accused of two counts of vehicular homicide with a driving under the influence specification, two counts of vehicular homicide with a reckless driving specification, two counts of reckless vehicular assault, two counts of driving under the influence during a vehicular assault, a single charge of driving under the influence, a charge of child abuse — acting knowingly or recklessly, and failure to stop for a red light.

The charges stem from a June 5, 2021, wreck in which Racheal Gallegos and Frank Chavez were killed.

Prosecution argues Herrera was under the influence of prescription drugs

10th Judicial Deputy District Attorney Erik Walser argued in his opening statement that Herrera was under the influence of the prescription drugs Gabapentin and Coumazoline when she crashed into two bikes at the intersection of Northern and Orman avenues.

Earlier in the day in another part of town, Walser stated, a witness woke up to the sound of a loud argument and heard a vehicle attempting to start up and leave an alley where it was parked. The driver's vehicle, a light-colored Chevrolet Tahoe later identified as belonging to Herrera, seemed to be having trouble getting into gear, Walser stated. Eventually, the vehicle got into gear, and the witness allegedly heard "something snap." The driver then allegedly backed into a white car also parked in the alley, then sideswiped the witness's own parked vehicle before fleeing down the alley, away from the argument and onto Orman Avenue.

Minutes later, Walser said, Herrera approached the intersection of Orman and Northern avenues. Two motorcycles with two riders apiece were traveling east on Northern, and, having a green light, were traveling through the intersection when Herrera's vehicle entered it, running a red light and striking the two bikes.

Gallegos, 41, and Chavez, 54, were killed in the accident, and two other riders sustained serious bodily injuries that they "will live with the rest of their lives," Weiser said.

After hitting the bikes, Walser stated Herrera attempted to leave the scene, hitting another vehicle in the process, but was stopped by witnesses.

Walser stated that while the black box in Herrera's vehicle indicates she braked for eight full seconds before the crash, the black box does not indicate exactly how hard she was braking. "It doesn't say whether she was riding her brakes, or slamming on them," Walser said.

Walser stated, however, that field tests done later on the vehicle indicated that the brakes were fully functional, although the vehicle's power steering did not work properly.

After the crash, Herrera was taken to an interview room at the Pueblo Police Department. On the way up to the interview room, Weiser noted that police reported Herrera was drowsy and lethargic. When she got to the interview room, Herrera fell asleep several times, despite stating that she had a full night's rest and it being mid-afternoon.

"Evidence will show her to have been under the influence, causing her to be drowsy, tired, and unable to drive at the time of the crash," Walser said.

Herrera's defense argues vehicle malfunction led to wreck

Lindsey Wright, an attorney representing Herrera in the case, argued that Herrera "never meant" for the crash to happen, and was not under the influence at the time of the crash.

Wright admitted that prior to the fatal crash, Herrera had struck two other vehicles and left the scene in the earlier incident reported by the witness cited by the prosecution, but characterized it as fleeing an argument that she felt endangered her and her child, who was also in the car at the time of the deadly crash.

Wright stated that pieces from Herrera's vehicle were found at the scene of the first accident. The pieces were from under Herrera's car, which Herrera did not see at the time.

Having left the confrontation, Herrera believed she was safe from the danger posed by the confrontation, Wright said.

A minute later, Herrera was approaching the intersection of Orman and Northern and had a red light, Wright said.

"She did what anyone would do — she attempted to brake," Wright said. However, she claimed that Herrera's brakes didn't work despite repeated attempts. She attempted to steer her vehicle to the right and avoid the intersection but found her wheel also did not turn.

"All she could do was watch in horror as she approached the intersection, knowing she was going to hit someone," Wright said.

Her car slammed into the two bikes, she said. After the crash, she spoke to police on scene for nearly an hour, according to Wright. Wright said that Herrera was screaming, crying, and wailing when police arrived, and had to be calmed down.

Wright stated that police on scene concluded that she was not under the influence, but brought her into the police station in case she wanted to speak more. Wright noted that a photograph taken at the scene showed a red mark on her forehead, which was never followed up on medically and may be a sign of a head injury, as the airbags did not deploy in Herrera's vehicle.

A head injury could cause drowsiness or loss of consciousness, Wright said.

Wright emphasized that a drug test done on Herrera did not indicate any illicit substances or anything that could cause intoxication. While she had prescription medication in her system, Wright argued that the test did not indicate how much.

Wright further stated that analysis of the black box data demonstrates that the brakes did not work properly.

"As your car starts to slow, when there's no more force pushing it forward and force pushing it backward, your car doesn't just slow down one mile at a time," Wright argued.

Black box data, she said, indicates that while braking, Herrera never hit the accelerator.

Wright stated that an expert will testify that, had the brakes worked properly, Herrera should have stopped 8 feet before the collision with just five seconds of braking, not the full eight. "Eight feet that should have saved lives, eight feet that could have prevented disaster," Wright said.

Herrera's trial is set to continue until Nov. 3.

All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

This article originally appeared on The Pueblo Chieftain: Pueblo attorneys outline cases in Herrera vehicular homicide trial