Misty Aguilera

After serving over two months behind bars, a South Dakota woman who drunkenly fled from Powell police appeared to be on the verge of being released last week.

As Park County Circuit Court Joey Darrah finalized a probationary sentence, he encouraged Misty S. Aguilera to seek treatment and wished her luck.

“And I would like to tell you — and sincerely tell you — I hope I never see you again in my courtroom,” Darrah said.

However, Aguilera was back before the court just a few days later. There had been something of a breakdown in communication: Although the 37-year-old had served her time in Park County, Aguilera still must answer to a more serious DUI charge pending back in her home state of South Dakota.

“Sorry to be seeing you so soon,” Darrah said at a Friday hearing on the out-of-state warrant.

“Me too,” Aguilera responded.

A miles-long chase

Days earlier, Aguilera had pleaded guilty to misdemeanor counts of driving while under the influence of alcohol for a second time in 10 years and interference with a peace officer in connection with the July 24 incident in Powell; three other misdemeanors were dismissed as part of a plea deal.

Charging documents say the incident started when Aguilera damaged her vehicle on a dip in the street near Homesteader Park. Responding Powell Police Officer Trevor Carpenter then saw her drive through a stop sign at the intersection of Ingalls and Seventh streets and onto the gravel path/access road to the north.

Aguilera briefly stopped for the officer, but then fled, leading law enforcement on a multi-mile chase.

After being apprehended, Aguilera reportedly told first responders she’d been kidnapped by members of the cartel. However, police only found evidence that she was drunk. A blood test later put her blood alcohol level at 0.17% — more than double the point at which a person is presumed to be too impaired to drive.

Stuck in jail

At her first court appearance in July, Aguilera indicated that she wanted to “just plead guilty today,” but Darrah rejected that request, advising her to speak to a defense attorney.

The judge set Aguilera’s bond at $25,000 cash, which she was unable to post.

“I wanted to put on the record that I apologize that I let her sit in there as long as it did before we got this case before the court,” her court-appointed attorney, Tim Blatt, said at her Sept. 24 sentencing.

However, “I do think there was some benefit to it,” Blatt added, indicating the jail time made the county attorney’s office more willing to dismiss the other charges.

He said the public defender’s office is now putting notes on cases in which the defendant is jailed, to “avoid this happening again.”

Darrah told Aguilera it was “a real rare situation,” saying the office is pretty good at “making sure that people don’t sit in jail unnecessarily.”

“I’m sorry that you had to sit and wonder,” he told the defendant.

However, Deputy Park County Prosecuting Attorney Laura Newton told the court that she thought the 63 days Aguilera served was an appropriate sentence.

“If it makes anybody feel better, based on her history, I would have recommended 60 days in jail to be served,” Newton said.

Being returned to South Dakota

In-line with the plea deal, Darrah placed Aguilera on a year of unsupervised probation and he decided to impose no monetary penalties. The judge also cautioned Aguilera about the potential consequences of further DUIs.

“These things have a tendency to snowball if you don’t get it taken care of,” he said, adding that Park County’s treatment court could “really help you if you want the help.”

“And it seems to me like you’re on the right track for that,” he said.

Blatt indicated that Aguilera was set to be released later that day, and she outlined plans to go back to work at a nursing home in Rapid City.

However, all of the parties at the hearing overlooked a warrant that authorities in Meade County, South Dakota, had issued months earlier.

In connection with a June 28 incident, Aguilera has been charged with crimes that include a felony count of driving while under the influence for a sixth or subsequent time and misdemeanor counts of reckless driving and resisting arrest, court records say.

The records also show Aguilera was set to be arraigned on the charges the same day she fled from Powell police. Her failure to appear at the July 24 hearing in Sturgis prompted the presiding judge to issue a warrant.

At Friday’s hearing in Park County, Aguilera agreed to waive extradition proceedings and to be returned to South Dakota to face the charges there. Darrah again wished her good luck.