Desirae Gams

A Cody woman will face a year of probation for running from a police officer while on private property, all while her baby was sitting in a running car nearby.

Desirae Gams, 24, was sentenced June 12 in Park County Circuit Court by Judge Bruce Waters. Gams was in custody for 59 days before posting $7,500 cash bond June 4. 

Gams was accompanied by Matthew Tully, 31 and Mackenzie McDonald, 23, who are also facing criminal trespass charges for the event which occurred in the early hours of April 7 on 32nd Street. 

When officers arrived at the scene they instructed Tully and McDonald to walk towards them with their hands in the air, to which they complied. Gams ran away from officers.

According to the court affidavit, Gams continued to run from Cody police officer Josh Van Auken even after he instructed her eight different times to stop. He ended up tackling Gams.

Inside a parked but running Lincoln car nearby officers found Gams’ infant child sleeping. Gams’ family was contacted to get the baby.

Gams continued to exhibit uncooperative behavior during her arrest, screaming and when put into custody, “continued to be hysterical … pounding the doors” inside the detention center, Van Auken wrote. She was accused of being intoxicated during the event but no tangible proof was ever supplied for this allegation.

Gams pled guilty to interference with a peace officer. Charges for criminal trespassing and breach of peace were dismissed.

She was also assessed $605 in fines which she must pay back at a rate of $100 per month. 

Gams was sentenced to 120 days of prison, but had 61 days suspended and will receive credit for the time she already served. Under her probation conditions, Gams must stay away from the property she trespassed on and submit to random drug testing.

Tully and McDonald are both scheduled for a July 8 sentencing.

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