Daily Cartoon

Cartoon 10 3 22

Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Daily Cartoon: Monday, October 3, 2022 | Cowboy State Daily</title>

Daily Cartoon: Monday, October 3, 2022

Kolby fedore

Kolby Fedore

Crime & Courts

Courts

A Jackson man is accused of twice blasting another driver in the face with bear spray during a road rage showdown, leaving the victim temporarily blind and gasping for air.

Police say the second burst is what turned an angry traffic dispute into a felony.

Leonardo Enrique Dominguez was arrested Sunday and charged with aggravated battery after investigators allege he intentionally caused serious bodily injury, as stated in a probable cause affidavit filed Monday in Teton County Circuit Court.

Prosecutors have charged Dominguez with aggravated battery, claiming he intentionally caused serious bodily injury "under circumstances manifesting extreme indifference to human life."

[{"type":"text","marks":[{"type":"bold"}],"text":"A Road Rage Call"}]

The confrontation unfolded shortly before noon Sunday near the Loaf 'N Jug gas station along West Broadway Avenue in Jackson.

Police responded to reports of a road rage assault involving bear spray and found a man kneeling beside his white Dodge Caravan.

The affidavit says the man was coughing violently, his eyes were burning and he was unable to answer officers' questions. Mucus and tears streamed down his face as emergency responders treated him before transporting him to the hospital.

Witnesses told police they had been driving behind the man when a gray Toyota Tacoma pulled alongside his stopped van.

They said someone inside the truck sprayed bear spray through the passenger-side window of the van, the affidavit says. As the man stood in the doorway of his van, they said he was sprayed a second time directly in the face before the truck sped away.

Officers later noted the interior of the man's van still reeked of bear spray, which made one of the corporal's "eyes burn" and caused them to cough, according to the affidavit.

[{"type":"text","marks":[{"type":"bold"}],"text":"Pulled Over "}]

At the hospital, the man who had been sprayed told investigators the road rage encounter began after another truck tried merging into his lane, nearly forcing him onto the sidewalk.

He said he pulled over simply to ask the other driver what he was doing. Instead of an explanation, he said he was immediately blasted with bear spray.

The man denied threatening the other driver and said he had never seen him before.

A request for further comment from the driver of the van was not returned by publication. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Self Defense Argument"}]

Investigators reviewed surveillance video and license plate camera data that led them to a gray vehicle registered to Dominguez.

Officers found the truck parked outside his apartment later that afternoon, the affidavit says.

Dominguez agreed to speak with police and acknowledged spraying the man twice, but insisted he acted in self-defense.

The affidavit says Dominguez claimed the man sped up to block him, brake-checked him, yelled profanities and aggressively approached his driver's window.

He said he displayed the bear spray first as a warning before using it, the affidavit says.

Dominguez admitted spraying the man once through the driver's window of the van and a second time after he returned to his own vehicle, saying he feared the confrontation was continuing.

He also told officers he didn't call police because he believed surveillance cameras had captured the encounter and assumed officers would eventually contact him.

[{"type":"text","marks":[{"type":"bold"}],"text":"Felony Charge "}]

When officers located Dominguez's vehicle, they reported seeing rags inside "as if the vehicle had been cleaned,” the affidavit says. 

They also observed tactical gear, flashlights, a knife and patches mounted throughout the truck's interior.

Dominguez told investigators his truck was equipped with a dash cam that may have recorded the incident.

The investigating officer wrote that bear spray is intended to stop bears — not people — and can cause severe eye injuries, swelling, airway constriction and potentially life-threatening respiratory complications when used at close range.

Police concluded there was probable cause to arrest Dominguez after considering witness statements, the alleged victim's account and Dominguez's own admission that he sprayed the man a second time.

Investigators say that second burst came after Bilen had already returned to his own vehicle, leading them to conclude the use of force was no longer justified and supported a charge of aggravated battery.

Dominguez made his initial appearance Monday afternoon before Teton County Circuit Court Judge Erin Weisman, who set his bond at $5,000 cash. A preliminary hearing is scheduled for July 31.

Jackson Loaf N Jug green sign 7 21 26

<title>Jackson Man Accused Of Blasting Driver With Bear Spray In Road Rage Showdown | Cowboy State Daily</title>

A Jackson man is accused of blasting another driver twice with bear spray during a Sunday road rage showdown, leaving the victim struggling to breathe. He admitted using bear spray on the other driver, but told police it was self-defense.

Jackson Man Accused Of Blasting Driver With Bear Spray In Road Rage Showdown

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Outdoors

Public Lands

A tourist caught on video climbing on top of one of the iconic buildings in Grand Teton National Park not only broke the law, he disrespected “my family’s heritage,” said the grandson of Thomas Alva Moulton, who along with brother John Moulton, built the most famous homesteads on Mormon Row.

. A man climbed to the top of one of the historic structures adjacent to the pink house on the John Moulton Ranch.

“A tourist climbed onto the roof of one of the historic buildings just to take photos,” she said, but she didn’t say whether the man had been reported to park rangers.

Chip Jenkins, Grand Teton’s superintendent, could not be reached for comment by publication about whether the person has been identified.

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[{"type":"text","marks":[{"type":"bold"}],"text":"My Family’s Heritage"}]

While the Moulton family no longer owns the historic structures, they still have a deep connection to their homesteads in the Teton Valley.

Steve Moulton is the grandson of T.A. Moulton, who built 

of the still-standing structures on Mormon Row and one of the most photographed barns in the world.

“My grandfather built the T.A. barn way back in the early 1900s,” he told Cowboy State Daily. “My dad helped build it and worked on it over the years. I have worked on it myself. I've been on the roof of the T.A. barn because we were putting a new roof on it.”

Moulton admitted that he climbed all over the T.A. Moulton Barn as a child, but that was when it was his family’s property.

The 1-acre parcel with the T.A. Moulton Barn was sold to the National Park Service in 2018, making it the last privately owned real estate on Mormon Row to be folded into Grand Teton National Park.

“I’m associated with the T.A. Moulton Barn, but that doesn't mean that I want to see anything going on down at the John Moulton Barn either,” Steve said. “It’s my family's heritage.”

omeone clambering over the historic building, especially since there’s been such an effort to ensure the remaining structures at Mormon Row remain standing.

“It's clear that there are people in this world who have no respect for public property,” he said. “To keep them in good condition, we have to take care of them, because yes, they are fragile.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Loved To Death"}]

Most people who visit Yellowstone and Grand Teton national parks from around the world don’t have destructive intentions. They just want to take in the beauty of the landscape, like millions of others.

[{"type":"text","text":"That, however, can be part of the problem."}]

As visitation to national parks increases, one commonly heard concern is that they’re “

” The reason is that higher densities of tourists are, intentionally or unintentionally, causing more destruction and disturbance to the natural vistas that drew people there in the first place.

[{"type":"text","text":"Steve shares some of that concern. "}]

[{"type":"text","text":"As Mormon Row has become more popular, the impact on the area is evident."}]

“What bothers me is there's so much foot traffic around the T.A. Barn,” he said. “The pictures used to have green grass in front of the barn. Now, it's just dirt because there is so much traffic.”

 at Mormon Row is underway. Jenkins has said it was part of several “micro-geographic” efforts to improve popular spots in the park for a better overall visitor experience.

“We want to be able to host more visitation at Mormon Row, so we're looking at things we can be doing to help manage that visitation,” he told Cowboy State Daily in May.

The list of desired site improvements includes a larger, centralized parking lot, new interpretive and wayfinding signs, distinct walking paths, and furnishings like benches and trash cans, new restrooms, and a 0.75-mile trail extension connecting Mormon Trail Road to Antelope Flats Road.

These improvements will go hand-in-hand with an ecological restoration of Mormon Row. 

Native vegetation will be planted and damaged areas restored, and the new parking lot will be built further away from the historic homesteads to ensure the landscape and views remain as pristine as possible.

they’d help to mitigate the damage of visitor traffic. However, that doesn’t eliminate the damage caused by reckless tourists who are determined to do their own thing to the detriment of the park and its visitors.

“We want (Mormon Row) to last many more decades, so we have to be really careful with anything that goes on around them, as far as touching, climbing, or taking stuff off them for souvenirs,” he said.

Many people value the serenity of Mormon Row and the Moulton barns as much as the Moulton family itself. Steve hopes that will lead to better decisions and increased awareness.

“I want visitors to understand their historical importance,” he said. “I want them to have the same feelings as my family does about preserving the integrity of those structures, so we have to take great care to not do anything that will be destructive to them.”

Climing on Moulton building 1 7 21 26

<title>Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building | Cowboy State Daily</title>

A tourist caught on video climbing one of the famous Mormon Row buildings in Grand Teton Park broke the law and disrespected “my family’s heritage,” said the grandson of T.A. Moulton who, along with his brother, built the most park's famous homesteads.

Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Politics

Government & Politics

The doctor whom Gov. Mark Gordon sought to remove from the Wyoming Board of Medicine over the doctor’s outspoken advocacy for a ban on child sex changes has won his appeal – halfway.

 in the governor’s personal and official capacity for three alleged free-speech and petition violations, all stemming from Cubin’s advocacy for “Chloe’s Law” – a proposed ban on sex-change treatments for kids that ultimately became law.

Cubin, a Casper radiologist, was pushed off the board because of things he said while lobbying state lawmakers to pass Chloe’s Law while he was a member of the Board of Medicine. 

This came after his multiple failed efforts to try and convince Wyoming Medical Society leadership to change its opposition to the bill.

In a letter to state legislators, Cubin called the Medical Society, of which he was a member, “woke” and taken over by “extremely liberal” members.

“I urged our legislators to be circumspect about the information they were being provided and cautious about what they allow physicians to do to kids in our state — something that is now the law across Wyoming,” Cubin said at the time.

[{"type":"text","text":"Gordon wrote to Cubin to remove him from the Wyoming Board of Medicine."}]

The governor told Cubin the doctors the board governs should “have confidence that board members prosecute their responsibilities on the board in an objective and unbiased way.”

[{"type":"text","text":"But Cubin resigned instead."}]

Then he sued the governor in both his official and personal capacities. For the official claims, Cubin wanted the court to make Gordon restore Cubin to his seat on the board, and to declare that Gordon had violated Cubin’s First Amendment rights.

For the personal claims, Cubin sought “monetary damages” against Gordon “in an amount to be determined at trial.”

U.S. District Court Judge Scott Skavdahl pronounced the whole lawsuit insufficient for court and dismissed it.

The judge found that Cubin had failed to show the governor unconstitutionally retaliated against him for his speech because, in Skavdahl’s view, Cubin’s speech didn’t rise to the level of “public concern” and the government’s interest in “promoting efficiency” on the board outweighed Cubin’s expressive rights.

Skavdahl also concluded that for the personal-capacity claims, Gordon has qualified immunity.

A panel of three 10th Circuit Court of Appeals Judges disagreed, saying Cubin’s speech does rise to the level of public concern.

Their Tuesday order sends the case back down to the Wyoming-based federal court for further review – and revives Cubin’s claims against Gordon in his official capacity.

Cubin's attorney Brendan Philbin, of the Liberty Justice Center, said he and Cubin are "thrilled with the result" of the appeal. 

"I think the court really nailed it on what this case is about, when they said that speech on matters of democratic debate is of paramount public importance," said Philbin. "We’re rally happy the court saw that Dr. Cubin was participating in the legislative process and really exercising the rights that we hold dear, to participate in representative government. And we’re excited now to go back to the district court and continue to seek justice for him."

[{"type":"text","text":"Philbin also called the remand a win for Wyomingites. "}]

the governor remains confident that the merits of this case will show he did not infringe on Cubin’s freedom of speech.

“The Governor is confident that he will also prevail in his official capacity upon remand to the District Court,” said Edmonds. 

[{"type":"text","text":"A Matter Of Public Concern"}]

A person is likelier to prove that his government employer retaliated against him for his speech if his speech was a matter of public concern.

Cubin’s complaints about the Wyoming Medical Society cut against that claim because that’s a private group, wrote 10th Circuit Court Judge Nancy Moritz in the Monday remand order. But he was clearly lobbying for legislation, on a matter of high public concern, the order also says – which cuts in his favor.

“Gordon urges us to view Cubin’s frustrations… as personal grievances with the internal dynamics of the Society, a private organization,” wrote Moritz. 

“On the other hand,” the order counters, “Cubin raised these concerns in opposition of the Society’s 

facts characteristic of ‘the type of core political speech the First Amendment was designed to protect.’”

Cubin’s speech was a matter of public concern, so his retaliation claim against Gordon as an official is revived, the order says.

[{"type":"text","text":"Balancing Disruption Vs. Speech"}]

Gordon had explained his decision to remove Cubin as a safeguard against people questioning the board’s impartiality, and against disruption of “at least some of the Board’s core functions.”

Government employers have an interest in regulating their employees’ speech, but courts also balance that interest against employees’ rights.

Skavdahl’s court hasn’t seen enough evidence for the judge to side with Gordon on that one, the 10th Circuit decision says.

[{"type":"text","text":"Just Sue The Government Though"}]

The Monday order upholds Skavdahl’s ruling that Gordon gets qualified immunity for his attempt to remove Cubin.

[{"type":"text","text":"That means Cubin can’t sue Gordon for money in his personal capacity. "}]

A key tenet of qualified immunity holds that government officials – such as police officers, governors or other public employees – would have to break a clearly-established right to face lawsuit liability as individuals.

Though Cubin showed a strong enough case for retaliation to revive his official-capacity claims, he didn’t prove that Gordon was violating a clearly-established right, the appeals court ruled.

“It was not clearly established that Cubin’s email (complaining about the Medical Society) addressed a matter of public concern,” the order says. “And Gordon is entitled to qualified immunity in his personal capacity.”

10th Circuit Court Judge Richard Federico and a Utah-based U.S. District Court Judge filling in on the case - Ann Marie McIff Allen – also joined Mortiz’s ruling.

Eric Cubin and Gordon 8 29 24

<title>Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court | Cowboy State Daily</title>

The doctor Gov. Gordon sought to remove from the Wyoming Board of Medicine for advocating a ban on child sex changes has won his appeal – halfway. A Tuesday ruling sent the case back to federal court, reviving First Amendment claims against Gordon.

Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court

Jory Thomas, 14, was absent-mindedly flipping loops with a rope while visiting his grandparents' campground on the Yellowstone River over the Fourth of July weekend when he heard someone start screaming for help.

Within seconds, the Montana ranch kid emptied his pockets, splashed across a side channel and waded chest-deep into the river.

[{"type":"text","text":"Then he did something he'd spent the past year practicing on calves."}]

[{"type":"text","text":"This time, he roped a drowning man."}]

The July 5 rescue unfolded so quickly that by the time the first Sweet Grass County Sheriff’s Office deputy arrived three minutes after Jory's father called 911, everyone was already safely on shore.

"My opinion, Jory saved the individual's life, 100%," Sweet Grass County Sheriff Alan Ronneberg told Cowboy State Daily. "Had Jory not acted, I believe the chances of this individual not making it to shore were very slim.”'

[{"type":"text","marks":[{"type":"bold"}],"text":"A Boat Hits A Bridge"}]

The Thomas family lives on a ranch about a dozen miles outside Big Timber, directly across from a campground where Jory's grandparents had been staying for the week.

Jory wandered over to visit with his parents and grandparents that afternoon, a rope already in his hand as he casually practiced throwing loops.

"All of a sudden he heard some yells for help," Jory's father, Jase Thomas, told Cowboy State Daily.

A boat had struck a bridge pillar, throwing its occupants into the Yellowstone River.

Three people fell in, but only two managed to get out, leaving one person alone in the swift current, desperately clinging to a cooler.

[{"type":"text","text":"Jory didn't hesitate."}]

Somehow, said his father, he convinced the drowning man to let go of the cooler. Then he threw the rope, catching the man around the neck and one arm. 

Jory and another bystander then pulled the man safely to shore before emergency responders arrived. 

In the moment, Jory didn’t think about any potential danger to himself, he just acted on instinct, the teen told KTVQ television in Billings, Montana, which first 

"This current was pretty fast then, and he was moving pretty quickly," he told the outlet. "Only thing I could focus on was helping him get out of the water because I didn't want to see anyone go in front of me.”

[{"type":"text","marks":[{"type":"bold"}],"text":"'Let Me Have My Son Back'"}]

Jory's father has spent three decades on the Big Timber Volunteer Fire Department and immediately called 911.

Dispatch records show the call came in at 5:39 p.m. A deputy arrived just three minutes later and reported everyone was already out of the water. 

[{"type":"text","text":"Watching the rescue unfold wasn't easy for the elder Thomas. "}]

He knows that stretch of river, and that it becomes more dangerous just downstream, where swift current, deep holes and logjams create deadly hazards.

"My biggest concern was to let me have my son back," he said before taking a long pause, reflecting on the potential for Jory to also get caught up in the current.

"He understands water, but I don't think he understands what could happen,” Jase said. "I mean, he does, but he had one thing in mind, which is great, and he got it done." 

Jase believes the man his son rescued likely wouldn't have survived much longer.

[{"type":"text","text":"Sheriff Ronneberg agrees."}]

"I'm not sure how close the individual was to being 'lost,' but in my experience such things happen faster than you might guess they can," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"'He Loves Roping' "}]

Although the rescue looked almost unbelievable, it wasn't blind luck. Jory has spent the past year immersing himself in roping.

He practices on roping dummies in his spare time and started roping calves from horseback during local brandings, his father said.

[{"type":"text","text":"\"He's always had a rope,\" Jase said. \"He loves roping.\" "}]

Outside of ranch work, he's an avid hunter and is spending this week showing a steer and a pig at the county fair. 

[{"type":"text","marks":[{"type":"bold"}],"text":"'That's Just Who He Is'"}]

[{"type":"text","text":"To his family, the rescue wasn't entirely surprising."}]

[{"type":"text","text":"Jase said his son has always been the first person to help someone else."}]

"We'll be in town at the grocery store, and you'll see an elderly person," he said. "They can't pack the groceries, and he never says a word. He goes over and gets their groceries and packs them out. That's just who he is." 

Ronneberg said the rescue is a reminder that courage often appears in ordinary moments.

"Jory saw another in trouble and acted, not for himself but for another," Ronneberg said. "He didn't pull out a phone, but a lariat. He didn't watch what was happening but intervened."

"Jory is a lesson for all of us in this day and age and showed us what is courageous and right.”

Montana lasso teen 7 21 26

<title>14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life | Cowboy State Daily</title>

A 14-year-old ranch kid from Big Timber, Montana, had a rope in his hand when cries for help erupted from the Yellowstone River. He sprinted into the water, threw one loop and caught a struggling man around the arm and neck, pulling him safely to shore.

14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life

Wildlife

[{"type":"text","text":"How many wolverines are in Yellowstone National Park?"}]

The National Park Service doesn’t have an easy answer for a census of these 

Neither does biologist Jim Halfpenny, but he does have an estimate based on decades of confirmed evidence — and it’s a lot more than most people think.

 seven “documented” wolverines in the region from 2006-2009. Halfpenny’s nearly 50 years of research says there are dozens more, at least 31 verified in the last five years and "83 absolute verified wolverines” since 1990.

That was the story Halfpenny shared recently at the historic Range Riders Lodge in Silver Gate, Montana. Dozens of people attended his presentation on what he calls the “elusive, sparse, and downright rare wolverine.”

“Tonight, I’m dealing with verified reports only,” he said. “No matter how much I trust somebody who says they saw a wolverine, that's not counted. This is where I have positive verification.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Bad PR"}]

The wolverine, in Halfpenny’s opinion, has a bad reputation through no fault of its own. He’s spent decades reversing their public image by fastidiously learning more about them.

“We're going to talk about the real wolverine,” he said. “The real wolverine is quite a different creature than the stories you probably grew up with.”

The wolverine has been known by many names, among them “the Devil Bear,” “the Glutton,” and “The Evil One.”

Even Peter Krott, a biologist who hand-raised wolverines alongside his own children, titled his 1959 book on wolverines “Demon of the North.”

“I hate to say it, (but) the wolverine is a plain out-and-out victim of bad PR,” Halfpenny said.

Halfpenny has been tracking and studying wolverines in the Greater Yellowstone Ecosystem since 1979. In that time, he said he’s seen the truth about “the curious big weasel.”

“Dave Need and I picked up a grant for $80,000, which was a lot of money then, for three years of chasing lynx and wolverine,” he said. “That was the start of the wolverine hair snagging for the United States.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Fact And Fiction"}]

[{"type":"text","text":"Wolverines have long been depicted as almost mythical creatures. "}]

The earliest accounts from North American explorers depict them as fearless, vicious, and ill-tempered animals that battle bears and eviscerate anything in their path.

Halfpenny has always been focused on verification. When it comes to understanding the truth of the wolverine, everything else is pointless.

“There's two basic eras of wolverine knowledge: the natural history books and things that we read there, and the modern science,” he said.

The natural history books say a wolverine could grow up to 80 pounds. Modern science, in the form of over 700 in-the-field weighings of wild wolverines in North America, reached a much more conservative conclusion.

“The largest weight ever is 37 pounds,” Halfpenny said. “A male might hit 35, but the average weight is around 30 pounds.”

Natural history says a fully grown wolverine could be more than 6 feet long. Modern science hasn’t found a wolverine larger than 3 feet long.

Halfpenny has seen wolverines interact with grizzlies but never engage them in combat. If anything, wolverines are extremely deferential to their much larger neighbors.

[{"type":"text","text":"Wolverines were also nearly hunted to extinction. "}]

In fact, Halfpenny believes they might have been extinct in Montana by 1920, partly due to the National Park Service's early archaic anti-predator policies.

A prominent biologist with 50 years of research says there are dozens more confirmed wolverines in Yellowstone than are reported by the National Park Service. He says there at least 31 verified wolverines in the last five years and 83 since 1990.

Daily Cartoon: Monday, October 3, 2022

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