Amber Marie Burnett, 36, has been charged with a felony count of tampering with evidence after a fatal vehicle crash on Aug. 9.

Montana Highway Patrol reported the fatal crash occurred shortly before 10 p.m. Aug. 9 on Hughesville Road at U.S. Highway 89.

Drugs, alcohol and speed were suspected, according to MHP in the crash that killed the 19-year-old male passenger.

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According to the MHP report, the Jeep Cherokee was westbound on Hughesville Road, failed to negotiate a curve, exited the roadway to the right, rolled a unknown number of times and came to rest in a creek bed. The passenger was pronounced at the scene.

Cascade County Sheriff’s deputies responded to the crash on Aug. 9 and continued investigating on Aug. 10.

Burnett was transported to the hospital after the crash but had left the hospital by the time troopers arrived, Cascade County Attorney Josh Racki said.

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A blood draw was not performed and it’s unclear as to why, but Racki said without that evidence, his office couldn’t charge Burnett with a higher offense.

Racki said that the day after the crash, a urine analysis showed Burnett had alcohol and marijuana in her system, but that test doesn’t pinpoint the time at which a person ingested the substances.

A CCSO detective located and interviewed Burnett on Aug. 10. She told the detective that after the vehicle crashed, she pulled the decedent from the vehicle and began chest compressions, according to charging documents.

Burnett stopped rendering aid and grabbed one of two packs of Twisted Tea from the vehicle, asking a nearby witness to take it since she wasn’t supposed to have alcohol while on probation, according to court documents.

Burnett also asked the witness to call emergency services.

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Burnett returned to the vehicle and tossed the second pack of Twisted Tea into the creek, according to charging documents.

Both packs were later recovered by deputies.

Burnett was charged with a felony count of tampering with or fabricating physical evidence for removing the Twisted Teas.

A conviction on the offense carries a punishment of up to 10 years in prison or a fine of up to $50,000 or both.

The state requested a $15,000 bond.

Burnett is currently on probation for two counts of assault on a minor and perjury from 2019. She also has a pending violation of a protective order in Municipal Court, according to charging documents.

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During an Aug. 11 hearing, a defense attorney standing in for initial appearances said that Burnett can’t afford any bond, is currently unemployed, has some college education and hopes to become a dental hygienist.

The attorney said Burnett has some mental health issues and will need some follow-up treatment.

Judge Greg Bonilla of Toole County was covering initial appearances on Aug. 11.

Ashlee Kummer, the prosecutor from the Cascade County Attorney’s Office, said that the crash resulted in a death and Burnett hid the Twisted Tea since she didn’t want to be found with alcohol while on probation and given her criminal history, $15,000 was an appropriate bond.

Bonilla said the bond had to be reasonable and consider public safety factors.

“She needs to have some skin in the game with this history,” Bonilla said and in light of her situation, set the bond at $10,000.