Criminal charges mount against Wasilla woman

PALMER -- A grand jury has upgraded one of the charges against Heather L. Simas, who is accused in the collision of a car and ATV last year that left Shawn Himes paralyzed from the neck down.

The 29-year-old Wasilla woman originally faced one count of first-degree assault, two counts of third-degree assault and a charge of driving while intoxicated. On Wednesday, the grand jury increased one of the third-degree assault charges to first-degree assault.

First-degree assault is a class A felony punishable by up to 20 years in prison and a fine of up to $250,000.

Assistant District Attorney Rachel Garnett said the charge was made after Thomas Tocktoo testified before the grand jury about continuing hearing problems he has as a result of the accident. He was riding the four-wheeler that was struck by the car Simas drove.

Simas was taken into custody after a bench warrant was issued June 9, allegedly because she violated terms of bail by consuming alcohol in a bar.

She was driving a 1999 Pontiac Firebird that collided with an ATV at Mile 1.2 Pittman Road on Aug. 25, 2002, according to charging documents. A report filed with District Court by Alaska State Trooper Derek De Graaf said Simas had a blood alcohol content of .129 percent an hour after the 11:29 p.m. accident.

Himes, the only passenger in the Firebird, told De Graaf he had been at the Roadside Inn with Simas for several hours before the accident. Simas consumed about 13 beers during that time, according to Himes. She offered to give Himes a ride home, the trooper report indicated.

"Simas nearly fell to the ground when she got off the bar stool she was sitting on," the report said.

De Graaf's report said Simas accelerated rapidly down Pittman Road at speeds of 80 and then 100 miles an hour, according to Himes.

"Simas yelled out 'there is 105' before noticing a four-wheeler was driving northbound on the side of the road," the report said. "Simas tried to avoid the four-wheeler, and just clipped the side of it, causing it to roll. Simas lost control of the car, causing it to skid approximately 480 feet and into the trees, ejecting Himes."

Simas told De Graaf she was driving about 70 miles an hour when the accident occurred.

Medics were already on the scene treating Himes and four-wheeler passenger Thomas Tocktoo when Trooper De Graaf arrived, his report said.

A longtime friend of Simas believes the charges are too severe. Tom Brown of Anchorage said Himes made the decision to get into Simas' car after she had been drinking.

"He knew she was drunk," Brown said. "This is a political correctness case."

Brown also questioned why the ATV driver was not cited, saying, "The law says you can't have a four-wheeler on the road."

Shawn and Lee Himes, along with other supporters, were in District Court Wednesday afternoon for Simas' scheduled bail hearing. They left frustrated after being told her appearance would be delayed until another day.