Heather Johnson

Prosecutors say a drunk driver crashed through the wall of a Cody restaurant on Sunday night, temporarily trapping a man under her truck.

Heather L. Johnson, 58, is facing a felony count of causing serious bodily injury while driving while under the influence of alcohol or controlled substances. Johnson is also charged with misdemeanor counts of driving while under the influence for a third time in 10 years and reckless driving.

As of Monday afternoon, she remained in the Park County Detention Center, with bond set at $15,000, cash or surety.

Johnson is alleged to have driven into the front entrance of El Vaquero shortly before 8:30 p.m. The Mexican restaurant, located just off of Bighorn Avenue/U.S. Highway 14-A, was closed at the time, but there were still people inside. Cody police said Johnson’s Dodge pickup entered the south end of the building and went into a private room that’s separate from the restaurant’s dining area. 

Charging documents and comments from a prosecutor indicate that a young man was inside the room, and that Johnson’s truck pinned him to a chair. When they arrived on scene, members of the Cody volunteer fire department were able to lift the vehicle enough to free the trapped man.

He was taken to Cody Regional Health, where police said he received treatment and was later released.

A restaurant worker told police that he heard a loud crash and found the white Dodge inside the building, with Johnson at the wheel. Johnson attempted to drive away, the worker reportedly told police, but he shut off the truck and took the keys. Johnson was also taken to Cody Regional Health, where she told a nurse she’d drunk “approximately 32 ounces of vodka,” according to an affidavit from Cody Police Officer Tom Wilshusen, and a paramedic said she smelled strongly of alcohol.

Johnson also allegedly told police she “smoked marijuana every day” and took a muscle relaxer and ketamine.

Police took a sample of her blood for testing.

Charging documents say a private citizen tried to warn authorities about Johnson hours before the crash. The man called dispatch shortly before 6 p.m. and reported that he believed Johnson was intoxicated and heading towards Cody, charging documents say. However, sheriff’s deputies and Cody police officers were unable to locate Johnson or her vehicle.

The same citizen contacted an off-duty police officer later and reported that Johnson was at Rocky Mountain Liquor, but when  that information reached Officer Wilshusen, she had already crashed into the restaurant; with Wilshusen receiving the reports of her presence at the liquor store and the crash almost simultaneously.

Johnson later told police she was coming from Rocky Mountain Liquor at the time of the crash.

In alleging that Johnson caused serious bodily injury, Officer Wilshusen noted the statute applies to injuries that create “a substantial risk of death.”

“When Johnson drove through the wall into the room when [the man] was sleeping, she placed [him] at a substantial risk of death,” Wilshusen alleged in an affidavit filed in support of the charges. A Monday news release Cody police differed somewhat from the affidavit, saying the man had been “playing video games at the time.”

In the release, police said they did not know his current condition.

At a Monday hearing in Park County Circuit Court, Deputy Park County Attorney Larry Eichele asked for bond to be set at $20,000 cash or surety

“Ms. Johnson is a public safety risk,” Eichele argued. “She narrowly avoided killing a young man in this case.”

If Johnson is convicted of this offense, the prosecutor indicated it would be her fifth DUI. Park County Circuit Court records show she drove impaired in April 2015 and September 2018, accounting for the two within the past 10 years.

“I think there should absolutely be no driving whatsoever, regardless of the circumstances,” Eichele said. 

However, Johnson’s defense attorney, Brigita Krisjansons, asked that her client be allowed to drive when necessary, specifically mentioning counseling and medical appointments. The attorney suggested that Johnson could be outfitted with a device that would track both her location and her blood alcohol levels for any violations.

“They [the devices] are a nice way to have somebody able to get out and doing what they need to be doing, but also have the community safety in mind,” Krisjansons said. In arguing for a $10,000 cash or surety bond, she noted Johnson is a longtime Park County resident who has family and a home here.

Circuit Court Judge Joey Darrah ultimately split the difference, setting bail at $15,000 cash or surety. 

“It is a major public safety concern,” Darrah said.

Among other conditions, like avoiding alcohol and bars, the judge said Johnson can only drive while wearing an GSP/alcohol sensor — and only if she’s heading to medical appointments or to visit Krisjansons.

A preliminary hearing is tentatively set for March 27.