Noemi Garza

KALAMAZOO, MI - A Calhoun County sheriff's deputy pleaded not guilty Friday to charges that she tried to resist police who arrested her on suspicion of drunken driving and leaving the scene of crash near downtown Kalamazoo. 

Noemi Garza, 32, entered her plea as she appeared in Kalamazoo County District Court where Magistrate Nicholas Schaberg arraigned her on one count each of attempted resisting and obstructing police, operating a motor vehicle while intoxicated, failure to stop at the scene of a collision and possession of a firearm while under the influence. 

Each charge is a misdemeanor, the most serious of which is the attempted resisting and obstructing.  That charge is punishable by up to one year in jail. 

The other charges are punishable by a maximum sentence ranging between three months and 93 days in jail. 

The charges stem from a June 13 crash near the corner of Douglas Avenue and Forbes Street. 

A Kalamazoo Public Safety report obtained by the Kalamazoo Gazette through the Michigan Freedom of Information Act said that following the crash, Garza admitted to drinking shots of Fireball whiskey, but refused to complete sobriety tests or take a preliminary breathalyzer test. 

A blood draw obtained by police later revealed Garza had a blood-alcohol level of 0.17 percent, more than double the legal limit of 0.08 percent for driving in Michigan. 

In court Friday, Garza spoke quietly as she told Schaberg she understood the charges against her and the potential penalties.  Garza, of Hastings, appeared in court with Attorney Kellie Podolsky, who entered the not guilty plea on her Garza's behalf. 

In the June 13 incident, Kalamazoo Public Safety officers found Garza after responding just after midnight to a report of a crash near Douglas and Forbes. 

At the scene, a driver told officers he was driving south on Douglas near Kalamazoo Avenue when he was struck by another vehicle that failed to negotiate the curve from Kalamazoo Avenue onto Douglas, according to the KDPS report. 

The report said that when police approached Garza at her car, she ran onto the porch of a house on Forbes.  She later told officers she had been involved in an accident. 

Prior to the crash, Garza told police she was driving from a house party in Richland where she had a "couple of shots" of Fireball whiskey.  When police asked her if the whiskey affected her ability to drive, Garza responded, "A little bit but not too much. 

However, police said in the report that Garza smelled of alcohol, had trouble keeping her balance, had bloodshot eyes and spoke with a slur. 

The report said that when officers arrested Garza, she resisted and told them not to touch her.  She also initially refused to get into a police cruiser. 

Once inside the cruiser, police said Garza kicked a door of the cruiser and tried to slip her handcuffs off her wrists.  She also called an officer offensive names, according to the report. 

After being taken to a holding cell, police said Garza refused a breath test and pretended to be asleep on a bench.  The report said Garza later apologized to an officer for calling her names and said she was "intoxicated." 

Officers found a .40-caliber Glock handgun in Garza's purse at the scene, according to the report. 

Podolsky declined to comment following Garza's arraignment Friday.  Garza is scheduled to be back in district court July 6 for a pretrial conference. 

Garza is free on a $200 cash bond. 

Rex Hall Jr. is a public safety reporter for the Kalamazoo Gazette.  You can reach him at rhall2@mlive.com.  Follow him on Twitter.