One More For The Road

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One for road 10 24 22 no play

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

<title>One More For The Road: Monday, October 24, 2022 | Cowboy State Daily</title>

When Mom picks out your winter jacket...

One More For The Road: Monday, October 24, 2022

Headshot of Cowboy State Daily reporter, Dale Killingbeck

Dale Killingbeck

Crime & Courts

A Gillette man faces eight felony charges related to alleged sexual assaults and beatings he gave a woman, during which he reportedly called her his “little beat victim.”

Luke K. Busca is charged with five counts of sexual assault in the first degree and three counts of strangulation of a household member stemming from his alleged actions recently against a woman who had been living with him at his residence for a month, according to testimony at a preliminary hearing Tuesday before Gillette Circuit Court Judge Greg Steward.

Court officials released Busca's name late Wednesday after using his initials during the hearing.

The five sexual assault in the first degree charges all carry a penalty of not less than five years or more than 50 years in prison. The strangulation of a household member charges are punishable by up to 10 years in prison and a $10,000 fine.

Gillette Police Department Detective Sgt. Ryan Mahylis testified Tuesday that when police initially contacted the woman Aug. 1 at a friend’s residence they found her with a black eye on the right side of her face and injuries along her left jawline. She also had bite marks and bruises, and was complaining about pain to her abdomen and rib area.

Mahylis said the incident on the evening of July 31 started with an argument about incense burning in a sink. Busca told the woman that he was going to a friend’s home. When he returned around 2 a.m., he found the door locked and became angry.

Once in the bedroom, Mahylis told County Attorney Nathan Henkes, the woman said Busca made sexual advances that she refused. He then allegedly grabbed her by the hair and threw her face down on the bed, put her in a choke hold and began to sexually assault her from behind with his fingers.

Mahylis testified that the woman told police after the sexual assault she was able to kick him off but during the struggle he tried to hit her and then head-butted her. She was then told to leave the residence.

“She had indicated that she had no ability to leave due to not having a ride and Busca had indicated to her that people have been shot for not leaving a residence,” Mahylis said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Message To Friends"}]

The victim then left the residence and walked to a park, where she tried to contact friends and was unsuccessful. About 3:30 a.m. she received a message from Busca to return to the residence.

Mahylis testified that police officers confirmed the victim had sent messages as well as photos of her injuries to others.

The woman returned to the residence, where it “became a continuation of the previous assault,” Mahylis said.

The woman told police he tried to force her to perform oral sex on him and then grabbed her by the hair and threw her on the bed. While she was in a chokehold, he allegedly used his fingers to assault her sexually and then turned her over and raped her, Mahylis testified.

Mahylis said the woman was told to stop fighting and when he threw her on her back to assault her sexually he also placed his hand around her neck and continued to strangle her. At some point, the woman told police, Busca asked her if she knew how easy it would be for him to “break” her neck.

The two then eventually fell asleep and the woman woke up and remained at the residence. She told police she was doing laundry when Busca woke up and told her that “he didn’t get to finish” and “wanted her to finish him,” referring to a sexual act, Mahylis said.

Mahylis said the woman also noticed a firearm that was normally on a nightstand and asked if he had thought about “murking”, or killing, her.

“He had indicated that he thought about it,” Mahylis said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"'My Little Beat Victim'"}]

Mahylis also confirmed that as part of the conversation between the two after Busca awoke, he asked the woman: “How is my little beat victim? Did you learn your place?”

Gillette police learned of the incident after being called to the house of one of the woman’s friends Aug. 1, when she reported the incident.

The woman was taken to Campbell County Memorial Hospital for an examination by a qualified SANE nurse to obtain any evidence of a sexual assault. The woman complained of pain and vaginal bleeding, Mahylis said.

When officers went to Busca’s residence they found him outside. He initially told officers he had been at a friend’s house and returned about 2 a.m. He indicated he had taken medications and did not recall what happened after that, Mahylis said.

Mahylis said after Busca's arrest and a search warrant, officers searched the home and found a bottle of trazodone and a prescription for 45 pills. When they counted the pills, 45 remained in the container.

Mahylis testified that Busca changed his story and later admitted he lied about coming home, taking the medications, and passing out.

After the detective’s testimony, Henkes asked Steward to upgrade a reckless endangerment charge to strangulation of a household member. 

Defense attorney Ronald Wirthwein objected and said the affidavit did not indicate that breathing was impeded, it only referred to “shaking the throat and windpipe back and forth but no indication of an impeding of breathing or blood.”

The judge ruled the charge could be upgraded to strangulation.

Steward then told Busca he was sending the case to district court, where he would be arraigned and able to make a plea. He asked him if he had any questions.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"“No, your honor,” Busca said."}]

Gillette police scaled

<title>Gillette Man Accused Of Raping Woman, Calling Her His 'Little Beat Victim' | Cowboy State Daily</title>

A Gillette man who allegedly raped a woman and called her his “little beat victim” was charged Tuesday with eight felonies. Investigators say the woman had a black eye, bite marks, bruises, and rib and abdomen pain.

Gillette Man Accused Of Raping Woman, Calling Her His 'Little Beat Victim'

Employee kate meadows cropped

Kate Meadows

Government & Politics

Dozens of residents packed the meeting room and hallway at a meeting of the Platte County Planning and Zoning Commission on Tuesday night, their voices often rising as they shared their concerns about a massive data center project.

a data center and power generation complex was proposed

 for 5,344 acres of ranchland northeast of Wheatland in Platte County near the Goshen County line.

More than 70 people attended, with the majority standing in the hallway because of limited space. It was contentious from the beginning over cell towers, the data center project, and even whether the meeting was legal.

All that came after Commission Chairman Marty Shepard pointed out that the meeting wasn’t open for public comment because it was about a regulatory change.

The Planning and Zoning Commission is considering changes to Platte County’s land-use rules and regulations that would bring data centers under the county’s regulatory framework, potentially requiring developers to obtain a special-use permit.

Board members stressed Tuesday that the discussion was about how to regulate data centers, not whether the county should allow them.

“We are here to make sure the projects come in front of us meet our regulations,” board member Bill Klein said.

Shepard said the county wants to make sure it has the ability to place restrictions on future data center developments rather than giving developers broad authority to proceed without additional county oversight.

“If we rezone to commercial industrial and we give these companies free rein, we’re not in favor of that,” Shepard said. “We’re looking at special-use permit instead of giving them carte blanche.”

Amid wide public pushback, the commission unanimously voted to move forward with proposed changes to rules and regulations that would require a special-use permit for data centers.

[{"type":"text","marks":[{"type":"bold"}],"text":"Saving Most Contentious For Last"}]

The commission closed the evening with the issue that had drawn most of the crowd: How to incorporate data centers into the county’s land-use regulations.

County planner Laura Bookout told the commission that commissioners “would like to incorporate some form of data centers into our current regulations.”

She said they believe there might be loopholes in existing rules that could be addressed by requiring a special-use permit.

Shepard said updating the regulations would give the county more authority over future projects and allow officials to negotiate protections with developers.

“If we are good negotiators, we negotiate to the developer, this is what we want to protect our county,” he said. “If the developer is OK with paying for it up front, there’s no risk to Platte County. I think that is the gist of this meeting. I don’t think the taxpayers of Platte County (should) front the bill." 

Resident Josh Martinez, who had previously presented the commission with his concerns and proposed regulations, pressed board members for more information about the county’s approach.

“There’s not a lot of data,” Martinez said. “This community wants to know a lot of stuff, and nobody is saying nothing.”

Board member Bonnie Lockhart pointed out the commission has not received an actual data center application.

Martinez accused county commissioners of failing to do their due diligence.

“You’re in this position to look out for us, not the companies and the money,” he said. “Do what the people ask, because it comes from our tax dollars.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Tax Revenue, Exemptions And Water"}]

The debate also turned toward the potential financial benefits and costs of data centers.

Shepard pushed back against what he described as a persistent claim that data centers are tax exempt.

He said a data center could generate as much as $20 million in property tax revenue for Platte County.

Shepard said the exemption applies to equipment installed inside data center buildings rather than the buildings and property.

[{"type":"text","text":"The explanation prompted shouting from the audience."}]

“So are they tax exempt or not?” someone off camera shouted. “You just said they have an exemption on equipment that they put in their building.”

[{"type":"text","text":"“Is it public comment now?” a woman asked."}]

[{"type":"text","text":"Shepard leaned back in his chair, visibly frustrated."}]

“I’m not going to argue with you. $20 million is a lot for this county,” he said.

[{"type":"text","text":"He claimed everyone in attendance voted to gut property taxes."}]

“Where is the money going to come from that keeps our county alive?” he asked.

Shepard said he has toured data centers and spoken with people involved in the industry.

[{"type":"text","text":"“Was I skeptical up front? Sure was. I’m not now,” he said."}]

He also challenged what he described as exaggerated claims about the amount of water data centers consume.

[{"type":"text","text":"“A million gallons of water is a thimble. A thimble,” he said."}]

When Shepard was asked to share the information he had gathered during his tour, he said, “I didn’t take any notes. It’s stored right here.”

[{"type":"text","text":"He pointed to his head."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"‘Tell Us How You Want Them To Come’"}]

Klein repeatedly emphasized that the commission was seeking input on regulations rather than a simple rejection of data centers.

“We can’t just say, no, they’re not coming,” he said. “But we can say how we want them to come and what stipulations we want and what help we want in the community.”

He grew frustrated with residents who were using the meeting primarily to argue against data centers.

“Don’t just come in here and read off a whole bunch of stuff telling us how bad they are and how they’re just going to use all of our water and how they’re just going to destroy our community, because that’s bullshit,” Klein said.

“They are not here to destroy Wheatland. But they are here … because there is opportunity here.”

A woman in the audience challenged the commission, asking, “Why can’t we just say we don’t want them in Platte County?”

[{"type":"text","text":"“Why would you say that, ma’am?” Shepard replied."}]

Another man asked why the county has no other commercial manufacturing operations comparable to the proposed data center development.

[{"type":"text","text":"More arguing followed."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Public Comment A Point Of Contention"}]

As the commission attempted to move toward a vote, residents continued to ask when they would be allowed to formally comment on the proposed regulations.

“Do we need a motion to have a meeting on the 16th?” Shepard asked Bookout.

Off camera, someone said, “Didn’t they say they were going to open to public comment?”

[{"type":"text","text":"Then she spoke publicly."}]

“You said you were going to open it up to public comment so if we could start our public comment, that would be great,” she said.

“This meeting is not open,” Shepard replied. “This is not an application. This is a rule change.”

The woman argued that because the county was already discussing changes to its land-use rules, residents should be able to offer ideas, suggestions and questions.

[{"type":"text","text":"“On September 16th,” Shepard responded."}]

The woman pointed out that a Sept. 16 hearing comes after the commission’s upcoming meetings, when many decisions about the regulations might already have been made.

“Are we moving into these meetings with no rezoning and with no regulations and with no anything?” she asked.

Lockhart again noted that the county has not received an application for a data center.

[{"type":"text","marks":[{"type":"bold"}],"text":"Size Of Crowd Debated"}]

Klein said residents would have an opportunity to voice their opinions at the Aug. 26 rezoning meeting.

The commission then voted unanimously to move ahead with proposed changes to the county’s rules requiring data centers to obtain a special-use permit. Board member Jay Collins made the motion, and Lockhart seconded it.

Shepard said the commission would work on the specific regulations at its Sept. 16 meeting.

[{"type":"text","text":"The announcement prompted another round of shouting."}]

“If we include data centers within our regulations, then we can regulate them better if they come,” Lockhart said over the noise. “If we don’t have them in our regulations, then they’re going to do whatever they want.”

As the arguments continued, Klein reminded the crowd that the commission was hearing from a relatively small portion of the county.

[{"type":"text","text":"“You have to remember, there’s 32 of you here,” he said."}]

[{"type":"text","text":"“There is 75,” a woman corrected him from off camera."}]

Klein responded that Platte County has about 6,000 residents and said three men he spoke with at a grocery store the previous week supported data centers.

One man in the front row warned that the opposition could grow significantly if residents believe the county is moving toward approving a data center without adequate restrictions.

“I think once the word gets out to Platte County and Goshen County about regulations where this is definitely coming in and the permits have been approved, you’re going to have a hellstorm on your hands,” he said.

“We already do,” Lockhart replied. “And we haven’t even got an application yet.”

[{"type":"text","marks":[{"type":"bold"}],"text":"‘An Illegal Meeting?’"}]

[{"type":"text","text":"The meeting was contentious from the get-go."}]

Less than two minutes in, Rebecca Cohorn of Goshen County questioned whether the commission could proceed.

“I notice there is no period of time in which public comments is an agenda item and I believe that that would make this an illegal meeting,” Cohorn said.

Shepard responded that he did not believe public comment was required for the land-use regulation discussion.

“And that’s a problem. It doesn’t matter,” Cohorn interjected. “There is no public comment on anything.”

[{"type":"text","text":"Cohorn asked that the meeting be rescheduled in a larger room."}]

Shepard pointed out that the meeting was being livestreamed and recorded on YouTube before saying the commission would continue.

“No. We’re going to move forward. But thank you for your consideration,” he said.

As the commission moved into its first agenda item, consideration of a special-use permit for a wireless communication tower on private land, Cohorn continued to object.

[{"type":"text","text":"“It’s an illegal meeting,” she shouted."}]

[{"type":"text","text":"The interruptions continued as the board attempted to proceed."}]

[{"type":"text","text":"“Shut the door,” Shepard said."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Cell Tower Also Contentious"}]

 generally opens meetings to public comment, even when it is not specifically listed on the agenda.

“It may not be on the agenda, but I am always open in every meeting to public comment,” he said.

The tension continued as landowner Mary Meyer addressed the commission about opposition to a proposed cell tower on a neighboring property.

At one point, Shepard left his seat at the front of the room and addressed people gathered in the hallway.

“We are in a public hearing setting right now and it is very disruptive to the person who is trying to get her point across, whether you’re for it or against it,” he said. “You’re disturbing the lady who is trying to present her case. And she’s probably saying something you might want to hear.”

[{"type":"text","text":"Jeers came from the crowd."}]

“All I’m asking for is just a little peace so we can get through our meeting,” Shepard said. “If we can’t have it I’m going to have you removed.”

The crowd eventually quieted, but questions and objections continued as the meeting turned to the data center project.

 A special meeting to consider a major rezone application by the company proposing the data center, Site Layer 4, LLC, is scheduled for 1 p.m. on Aug. 26 at the Agriplex in Wheatland. A public hearing on the proposed land-use regulations is scheduled for Sept. 16 at 1 p.m. at the same location.

Wheatland data center 8 12 26

<title>Platte County Meeting Gets Contentious Over Proposed Data Center | Cowboy State Daily</title>

Dozens of residents packed the meeting room and hallway at a meeting of the Platte County Planning and Zoning Commission on Tuesday night, their voices often rising as they shared their concerns about a massive data center project.

Platte County Meeting Gets Contentious Over Proposed Data Center

Kolby fedore

Kolby Fedore

Business & Tourism

About 20 miles southwest of Independence Rock, where Wyoming Highway 220 meets U.S. Highway 287, is the blink-and-you-miss-it outpost of Muddy Gap.

[{"type":"text","text":"There's not much there. But there is gasoline."}]

[{"type":"text","text":"On Wednesday, a gallon of regular cost $5.99."}]

"I think it's pretty ridiculous," said Casey Long, a Pavillion native who has a house in Riverton and has spent 26 years working in Wyoming's oil fields.

That price stood out even during a week when Wyoming motorists were already paying considerably more at the pump. AAA put the statewide average for regular unleaded at $4.24 Wednesday, meaning the Muddy Gap price is roughly 42% higher than the Wyoming average.

[{"type":"text","text":"The difference adds up quick. "}]

Fifteen gallons at the statewide average would cost about $63.50. At Muddy Gap, the same fill-up rings up at $90.

Yet out in the middle of nowhere, motorists don't have the luxury of shopping around.

[{"type":"text","marks":[{"type":"bold"}],"text":"'Very Sparse'"}]

The lonely station sits at a crossroads connecting travelers headed toward Rawlins, Casper, Lander and Riverton.

[{"type":"text","text":"Wyoming Highway 220 runs nearly 73 miles between Muddy Gap and Casper."}]

On Wednesday, the parking lot offered a snapshot of who depends on the place.

A camper from Minnesota. An RV from Indiana. Another car with Minnesota plates.

[{"type":"text","text":"A couple of motorcyclists were there, too."}]

Ron Star and his riding companion, Nikki Knuckles, had been in South Dakota and were making their way west toward Reno, Nevada. Most places they'd encountered were charging around $4 a gallon, they said. 

[{"type":"text","text":"They knew Muddy Gap was going to be different."}]

Star said they look ahead for fuel stops because their motorcycles don't give them the option of simply driving until something cheaper appears.

One bike gets about 51 mpg, but its small tank gives it a range of about 80 miles. Typically, the riders begin looking for gasoline after 60 or 70 miles.

For Star, who frequently rides cross-country, that's part of traveling through places like Wyoming.

He said another gas station is usually within 50 or 60 miles, although he's encountered stretches approaching 80.

[{"type":"text","text":"In Nevada, he knows of a 100-mile stretch where he carries extra gas."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"'We Get Some Angry Customers'"}]

Inside the station, Tavienna Lozier hears about it from motorists "all the time."

Lozier recently moved to Jeffrey City to be near her grandmother, Nancy Nuzum, who has managed the Muddy Gap station for about five years.

Nuzum now manages the operation from home, and Lozier came to help after her grandmother needed a crew to keep the station running.

"We get some angry customers," Lozier said. "We get some that know what to expect, especially being in the middle of nowhere."

She said the station gets its gasoline from Rawlins and they are charged heavily for it.

"They charge him a lot," she said of the station's owner, who lives in Florida.

The station did not provide its wholesale fuel price or delivery costs, so it's unclear how much of the $6 retail price is attributable to transportation, operating expenses or other costs.

[{"type":"text","marks":[{"type":"bold"}],"text":"Going The Distance"}]

Running almost anything in Muddy Gap is different from a place like Casper.

Dozens of competing convenience stores aren't clustered around the next interchange. There isn't a large local population stopping for coffee on the way to work every morning.

[{"type":"text","text":"Instead, customers arrive from everywhere."}]

For travelers, the stop is a place to use the restroom, grab snacks or cigarettes, and pick up beer or wine before getting back on the road.

Lozier recalled recently serving travelers from Thailand whose son attends college in Idaho.

Truckers pull in, too. Some park behind the business when their driving hours run out, sleep and continue down the highway the next morning.

Summer brings recreational travelers and groups participating in pioneer treks through the historic trails country.

[{"type":"text","text":"Over the years, some travelers have literally left their marks."}]

Travelers passing through Muddy Gap have been leaving their names behind for years.

It is less a neighborhood gas station than a way station for people trying to get from one distant Wyoming place to another — a modern Independence Rock.

Lozier pointed out the names, hometowns, dates, drawings and messages scrawled across the ceiling and shelves of the store. 

[{"type":"text","marks":[{"type":"bold"}],"text":"A Wyoming Problem"}]

[{"type":"text","text":"That dependence on the next available pump is familiar to Long."}]

His job has taken him all over Wyoming, and he still spends a lot of time on the road.

[{"type":"text","text":"\"Every day I'm going somewhere,\" he said."}]

Long drives a diesel, so his prices aren't directly comparable with the $6 regular unleaded at Muddy Gap, but he's been watching the same geographic swings.

He said he filled up in Riverton at $5.09 a gallon for diesel, then noticed the price there had jumped to $5.25 the following day.

If he's traveling and encounters an unusually expensive station, Long said he'll keep going — provided the fuel gauge gives him that choice.

"If I'm traveling and I've got enough in the tank to make it somewhere else, I will," he said.

If you need gas while traveling on Wyoming Highway 220 near Independence Rock, get ready to pay for it through the nose. Gas is selling for $6 a gallon — 42% higher than the state's average. "We get some angry customers," says manager Tavienna Lozier.

One More For The Road: Monday, October 24, 2022

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