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Pierce County Prosecutors Decline to Charge Two Drivers in Trooper Guting’s Death

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By MES Dispatch Staff

The Briefing

  • Pierce County prosecutors announced they will not file charges against two drivers whose vehicles struck Washington State Patrol Trooper Tara-Marysa Guting on December 19, 2025, resulting in her death on State Route 509 near Tacoma.
  • The first driver struck Guting at approximately 7:21 p.m. while she investigated a two-vehicle collision; prosecutors determined insufficient evidence of criminal negligence due to poor visibility, rainy conditions, and the driver operating below the speed limit.
  • The second driver struck Guting roughly two minutes later as she lay injured in the roadway; prosecutors concluded they cannot prove the driver knew he struck a person rather than an object like a pothole or debris.
  • The Pierce County Medical Examiner was unable to determine which collision caused the fatal injuries, further complicating potential charges.
  • Trooper Guting, 29, had served with the Washington State Patrol for approximately two years at the time of her death.

TACOMA, WASH. — Pierce County prosecutors announced they will not pursue criminal charges against two drivers involved in the fatal collisions that killed Washington State Patrol Trooper Tara-Marysa Guting on December 19, 2025, on State Route 509 near the Port of Tacoma.

Guting was responding to investigate a two-vehicle collision on the State Route 509 on-ramp at Port of Tacoma Road when she was struck. Dispatch records indicate she last responded to dispatchers at 7:19 p.m. and was struck at approximately 7:21 p.m.

The trooper was investigating the scene with a disabled vehicle and tow truck present. While speaking with drivers and the tow truck operator, a vehicle struck Guting. The first driver remained on scene and told police he had observed Guting in the roadway but was unable to stop in time. Speed estimation placed the vehicle at approximately 35 to 40 miles per hour. Police tests indicated the driver was not intoxicated.

Approximately two minutes after the initial collision, as Guting lay in the right-hand lane of State Route 509, a second vehicle struck her and pulled her 10 to 12 feet before continuing without stopping. Dash camera footage showed the second vehicle did not brake prior to impact but displayed brake lights briefly after striking her before continuing at a steady rate of travel.

Police later received a tip from a resident stating the second driver had contacted her after seeing news reports about Guting’s death and believed he was involved in the collision. The second driver reportedly told the resident he thought he had struck either a garbage bag or a pothole at the time of impact.

In a memo to the media, the Pierce County Prosecuting Attorney’s Office stated they could not establish criminal negligence against the first driver. The memo noted that conditions that evening were challenging for visibility. Bodycam footage from Guting showed she was not wearing reflective gear, instead holding a flashlight pointed at the ground. The sun had set nearly three hours prior at 4:23 p.m., and the evening was rainy.

Pierce County Sheriff’s deputies recreated conditions of the first collision that evening, with one deputy standing in Guting’s position while another deputy drove toward him. In a written statement, the deputy conducting the driving portion noted that visibility was greatly reduced due to excess lighting from emergency equipment combined with darkness and rain, concluding it would be very difficult for any driver to observe a standing pedestrian in the roadway under those conditions.

Prosecutors determined that because visibility was compromised, the first driver was operating below the speed limit, and there was no evidence of intoxication, they could not demonstrate the driver was operating with disregard for public safety—a necessary element for vehicular homicide charges.

Regarding the second driver, prosecutors declined to pursue hit-and-run charges. The memo stated they cannot prove the driver knew he had struck Trooper Guting or that he realized he had been involved in an accident. The memo noted that conditions—including time of day, weather, lack of visibility, and Guting’s position in the roadway—prevented prosecutors from proving beyond reasonable doubt that the second driver knew he had struck a person.

The medical examiner’s autopsy determination listed the cause of death as blunt force injuries sustained in an accident. However, the Pierce County Medical Examiner was unable to determine which of the two collisions caused the fatal injuries, complicating efforts to establish causation necessary for criminal prosecution.

Trooper Guting began her career with the Washington State Patrol in January 2024 after completing the 119th Trooper Basic Training Class. She served in WSP District 1 in Tacoma. Guting was born in Honolulu, Hawaii and had served in the Army National Guard for eight years, enlisting October 22, 2014.

Guting was survived by her husband, Timothy Guting, who serves as a Deputy State Fire Marshal at the WSP Fire Training Academy in North Bend. She was the 34th trooper to die on the job in WSP’s history.

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