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

<title>Daily Darwin: Thursday, December 8, 2022 | Cowboy State Daily</title>

No way this is going to end well...

Daily Darwin: Thursday, December 8, 2022

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

Clair McFarland

Government & Politics

Politics

counties on Thursday that a 4% cap on yearly increases in residential property taxes is unconstitutional, and the counties shouldn’t let taxpayers have that exemption.

The State Equalization Board will refuse to certify this year’s property tax assessment figures if counties keep that cap on them, the report says.

The board’s two-person majority — Chair Jayne Mockler and Vice-Chair Marty Hardscog — wrote in the Thursday report that the 4% increase cap for residential property taxes has arbitrary impacts across the state. 

It also disproportionately insulates high-end homes, and disfavors homeowners in more sluggish market areas, the report asserts.

But the report’s main point, and conclusion from the past two years’ tax data, is that the 4% cap violates the Wyoming Constitution’s call for equal and uniform property taxes within each class of property.

The board hasn’t yet issued an order requiring Wyoming’s county assessors to rework their pending tax bills without the cap.

But it expects to do so in the coming weeks after working with counties, Mockler told Cowboy State Daily in a Thursday phone interview.

“We issued this report today that says if that cap doesn’t come off, Marty and I can’t vote to certify residential property taxes. Because they’re not uniform,” said Mockler. “It’ll be followed with an order ... (and) our goal is ultimately to remove the cap.”  

Mockler noted that the board isn’t targeting the other, narrower exemptions with this report — like the 25% property tax cut passed in 2025 or the long-term homeowner exemption.

More than half of the state’s residential property tax values fall under the 4% increase cap, the report says.

[{"type":"text","marks":[{"type":"bold"}],"text":"But We Don’t Get A Tax Free Year"}]

This kind of push from the state board is unprecedented, Converse County Assessor Dixie Huxtable told Cowboy State Daily on Thursday.

But Wyomingites shouldn’t expect a tax-free year over the maneuver, she said.

“Everyone’s in agreement there will be residential property taxes for 2026,” she said. “This … is just a step in the process of getting different values the board feels is appropriate.”

The pending mandate leaves Wyoming counties somewhere between following the 4% cap requirement in state law and following another state law that tells assessors to obey the state board, she said.  

“You’re asking us to go against the law? Under the law we have to apply the 4% cap and you’re saying we can’t,” she reflected from the report.

[{"type":"text","text":"“It’s so bizarre it’s funny,” Huxtable added. "}]

She said she was digesting the report Thursday afternoon, and had just been to a phone meeting with the board officials, assessors, and county attorneys.

Two days earlier on Tuesday, Huxtable had just urged the Legislature’s Joint Revenue Committee to approach more changes to the state’s property tax law with caution, because assessors are always trying to keep up with the many changes lawmakers have brought in recent years.

Assessors are at the mercy of state law and are working hard to follow it, she’d said.  

Reflecting on the board’s Thursday report, Huxtable told Cowboy State Daily that assessors are now trying to gain clarification on what to do in the coming weeks.

“We’re on standby,” she said, adding that from her meeting with the board, her impression is, “They’d be tickled pink to go to court” on this issue.

Wyoming Attorney General Keith Kautz said Thursday that he doesn’t know of any litigation on this currently, “but if there is a challenge, we will support what the Legislature did.”

Rep. Barry Crago, R-Buffalo, who has since become a state senator, was the sponsor on the main bill the board’s Thursday report derides as unconstitutional.

Crago did not return a Thursday afternoon voicemail request for comment by publication.

[{"type":"text","marks":[{"type":"bold"}],"text":"Different Homes, Different Taxes"}]

The board’s report points to inconsistencies across the Wyoming property tax structure.

People who upgrade their homes by changing the footprint of those homes lose the cap exemption to a reset that year, while people who upgrade only the interior do not, says the report.

It says some homes have had their tax bills so thoroughly capped, they’re paying less than half of the state-mandated property tax rate.

“The caps, by design, generate highly disparate tax consequences for 

It accuses the law of discriminating arbitrarily between different homeowners across Wyoming.

“The demarcation between taxpayers receiving a tax windfall, versus those who do not, serves no rational basis,” the document adds.

Rep. Liz Storer, D-Jackson, told Cowboy State Daily on Thursday that she had voted for the 4% tax cap during the tax hikes of 2024. But she views the law as more of a short-term fix. 

"It was a tourniquet; it was a short-term fix," she said. "Butif you leave the tourniquet on, you damage the body." 

Storer's home region of Teton County accounts for huge property tax revenues in Wyoming. She has tried over the years to get lawmakers to stop applying property tax breaks to people's secondary homes. 

Of the $860.2 million in exemptions the 4% cap is expected to cause this year, Teton County accounts for $507.9 million, says a Department of Revenue memo Storer sent to Cowboy State Daily. 

[{"type":"text","marks":[{"type":"bold"}],"text":"The Lawsuit That Wasn’t"}]

The board warned lawmakers before the 4% cap bill’s passage that board members believed it’s unconstitutional.

 “the die was cast,” says the report.

The board examined the residential assessment values and looked for inverted valuations, that is where higher-valued properties were assessed at lower taxable values than other, similarly situated properties.

The board during the 2025 tax calculation process had just two members, Mockler and Hardscog. They voted that year to certify the tax values, but said that those values were probably invalid. Still, they wanted to gather one more year of data to be sure, the report says.

They also planned to release a Nov. 13, 2025, order requiring assessors to stop giving the exemption.

Gov. Mark Gordon’s office asked the board not to issue that order, the report says.

In November and early December, the governor’s office and Wyoming Attorney General’s Office met with Hardscog and Mockler to talk about filing an action asking a court to judge the issue.

The governor’s office and AG’s office agreed the state board should file that court action, the report says.

The litigation was slated to be filed Jan. 20. Gordon’s office asked for multiple delays, at first to communicate the lawsuit with legislative leaders. 

When Gordon’s office asked for another delay two days later, Hardscog and Mockler said they wouldn’t certify the property tax values after the June tax calculation process, “without a working resolution of their constitutional concerns,” says the report.

Property tax chyenne 1 6 11 26

<title>Wyoming Tax Board Says 4% Cap On Property Tax Is Unconstitutional, Won't Accept It | Cowboy State Daily</title>

Wyoming’s state-level property tax board told counties on Thursday that a 4% cap on yearly increases in residential property taxes is unconstitutional and it will refuse to certify this year's property tax assessment figures if the cap remains.

Wyoming Tax Board Says 4% Cap On Property Tax Is Unconstitutional, Won't Accept It

Headshot of Cowboy State Daily reporter, Dale Killingbeck

Dale Killingbeck

Crime & Courts

Courts

CASPER — A 19-year-old Casper man faces felonycharges for allegedly firing into a car that was trying to take his girlfriend out of what she characterized as a “bad situation.”

Camden Martinez faces a preliminary hearing on three counts of aggravated assault and battery and one count of theft. He appeared in Casper Circuit Court for his initial appearance on Tuesday.

Court records show that Casper police officers were called to an area in the Paradise Valley subdivision just after midnight on Monday for a report of shots fired. 

At the scene they found two women and a man with a Volkswagen Jetta. 

One of the women was identified as Martinez’s girlfriend, the other was her friend who drove to the location with the male.

A police affidavit states that Martinez’s girlfriend declined to speak with officers but her friend identified as “KS” said that she had been contacted by Martinez’s girlfriend on social media with a message that she “was in a bad situation” and wanted to be picked up.

At Martinez’s home, the girlfriend came out of the door, got into the back seat behind her, and she started to pull away, KS told police. As she began driving she told officers that she heard shots fired.

“KS quickly drove away and pulled over a short time later and observed her vehicle had been shot in the rear bumper and rear window area,” the affidavit states. 

She told officers she did not have any weapons in her car, and Officers searched the vehicle and found no weapons.

The male in the car with KS told police he was in the front passenger seat and saw Martinez stand shirtless in the doorway of his home as his girlfriend approached the Jetta. 

Martinez yelled something at her, and the girlfriend told them to take off without shutting the car door, he said.

The male told police he heard three shots and the rear window of the car was shot.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bullet Marks"}]

Police found two “bullet defects” in the back of the Jetta, one to the rear window and one to the bumper. A bullet fragment was also recovered from the car, the affidavit states.

The affidavit states that officers contacted Martinez and he had a “moderate odor” of alcohol and when asked where the firearm was, he replied that “it wasn’t my gun.”

Officers recovered three 10 mm shell casings: one outside the front door of his residence, one in the grass, and one in the street in front of the residence. 

Martinez also said that he was shot at by someone in the vehicle, the affidavit states.

A search warrant obtained for Martinez’s home resulted in officers recovering a black Glock 20 10mm in the propane tank area of a grill in the back yard of the residence. 

It had two rounds in the magazine, the affidavit states. They also recovered a Glock 19 from a gun safe in Martinez’s bedroom. The gun was determined to be stolen from South Dakota.

Martinez’s mother told police that he and his girlfriend had an argument in his bedroom and that when his girlfriend left his room with her backpack, Martinez followed with his hand in his pocket, “giving her the feeling that something was wrong,” the affidavit states.

“(The mother) reported then seeing Martinez standing in the middle of the street, draw a handgun, then fire three rounds in the same direction of travel for the vehicle that (his girlfriend) had left in,” the affidavit states.

The mother told police she did not know that Martinez had the Glock 20 and that he had placed the gun on the grill to “hide it because he had shot it.”

The three aggravated assault charges and the theft charge all are punishable by up to 10 years in prison and a $10,000 fine.

Bond was set at $75,000 cash. Martinez remains in the Natrona County Jail.

A preliminary examination date has not yet been set.

Camden Martinez 6 11 26

<title>Casper Man Accused of Shooting Into Vehicle As Girlfriend Tried To Leave | Cowboy State Daily</title>

A 19-year-old Casper man faces four felony charges and the potential for 40 years in prison after firing three times at a vehicle that was taking his girlfriend away from his home. She was trying to get out of a “bad situation."

Casper Man Accused of Shooting Into Vehicle As Girlfriend Tried To Leave

Kolby fedore

Kolby Fedore

A Sheridan couple is facing felony theft charges after police say they hauled away more than $1,400 worth of donations from outside a church that had been collected for a fundraiser.

The pair later told the Sheridan Police Department that they believed the items had been left outside for anyone to take.

Michael C. Forni, 27, and Amber Mae Walker, 32, were each charged Wednesday during initial appearances in Sheridan County Circuit Court.

According to an affidavit filed by the Sheridan PD, church staff discovered Saturday that more than a dozen items staged outside First United Methodist Church for an upcoming fundraising sale had disappeared overnight.

The haul was an eclectic mix of yard-sale treasures and oddities: a rototiller, propane tank, window air conditioner, camp cots and coolers, alongside retired traffic signals, rifle scopes, a handmade wooden wagon and even a jade plant.

Church staff told investigators they weren't exactly sure how many items in total were stolen. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Two Trips"}]

Investigators reviewed surveillance video from the church and reportedly observed a black Toyota Tundra pull into the parking lot at about 4:01 a.m.

A man and woman got out of the truck and loaded several items before leaving, says the affidavit.

About 17 minutes later, the same truck returned, and the pair loaded more property before driving away a second time.

Church staff later provided police with a detailed list of the missing items that had been gathered for a fundraising sale organized by the church's Methodist Men's Group.

Pastor Jim Barth was unavailable for comment, but the church receptionist immediately recognized the case.

The ministry regularly hosts parking lot sales and Palm Sunday breakfasts to raise money for projects that support both the church and the broader Sheridan community. 

Other items taken included several rifle scopes, a weed eater, Cabela's dry bags, and two retired traffic signals. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Facebook Tip"}]

After obtaining still images from surveillance video, Sheridan police posted photographs on the department's Facebook page seeking help identifying the pair. It appears the photos have since been removed.

According to court records, an anonymous tip identified the suspects as Forni and Walker.

When officers arrived at the couple's home, they reportedly found a black Toyota Tundra matching the truck seen in the surveillance video parked in the driveway, the affidavit says.

Investigators also observed a window air conditioner in the bed of the truck that matched one reported missing from the church.

Police then contacted Forni and Walker, who both acknowledged taking the items, according to the affidavit.

[{"type":"text","marks":[{"type":"bold"}],"text":"Wrong Assumption"}]

Court records indicate both told investigators they believed the items had been left outside for people to take for free. The couple told officers they had been driving around and noticed the collection of property outside the church.

Forni reportedly said they assumed the items were being discarded and decided to "dumpster dive" through them.

[{"type":"text","text":"Walker gave a similar account."}]

Police later recovered the property from them. The total value of the recovered items was estimated at about $1,455.

Under Wyoming law, theft of property valued at more than $1,000 is punishable by up to 10 years in prison, a fine of up to $10,000, or both.

Forni and Walker made their initial appearances Wednesday afternoon in Sheridan County Circuit Court.

First United Methodist Church in Sheridan 6 11 26

<title>Police Say Sheridan Couple Accused Of Stealing Fundraiser Donations From Church | Cowboy State Daily</title>

A Sheridan couple is facing felony theft charges after police say they hauled away two pickup loads of donations from outside the church that had been collected for a fundraiser. They said they believed the items had been left outside for anyone to take.

Police Say Sheridan Couple Accused Of Stealing Fundraiser Donations From Church

CHEYENNE — Seven of the 10 Republican candidates running to become Wyoming’s next U.S. House candidate courted a largely Christian audience Tuesday in Cheyenne, with statements on their faith, and their different approaches to education, family rights, and abortion policy. 

The Wyoming Family Alliance is an advocacy group that strives to advance biblical, generally faith-based policy objectives. The group’s president posed a series of questions at a packed event Tuesday evening in The Metropolitan Downtown, to these seven GOP candidates:

State Senate President Bo Biteman, former Superintendent of Public Instruction Jillian Balow, philanthropist and conservative thought leader Steve Friess, Casper-based combat veteran Kevin Christensen, Army Ranger David Giralt, Secretary of State Chuck Gray, and Moran rancher Frank Chapman. 

Casper businessman Reid Rasner, former Democratic lawmaker Keith Goodenough, and Richard Dodson – a second former Democrat in the GOP race – did not attend the event. 

In a field that big and a race that red, it’s difficult to stand out. But the seven candidates displayed some variations of approach.

Biteman, who emphasized that he’s a family man, a “self-made man” and a hard worker, surfaced as a stickler for small government.

“The role of government is… to protect your rights. Period,” he said. 

[{"type":"text","text":"Christensen leaned on his combat experience and his Wyoming roots."}]

Friess pointed to his work helping to prepare executive order proposals ahead of the first Trump administration. He acknowledged that he wasn’t born in Wyoming, but spoke of his move to the state 26 years ago as a conversion of sorts, that also coincided with his baptism into the Christian faith. 

Gray cast himself as a fighter and pointed to his decade in state government and pro-life maneuvers he undertook in 2017 and 2019. 

Balow leaned on her trial-by-fire, of keeping Wyoming schools open for nearly all of the COVID-19 pandemic and fighting for parental autonomy during the massive social shifts that followed. 

Chapman took a warm philosophical approach to some of the cultural issues while castigating bureaucratic bloat. 

And Giralt articulated concrete plans on multiple issue points. He also pointed to his parents’ legal migration from Communist regimes, as well as his experience in both the military and as an advisor to federal policymakers. 

[{"type":"text","text":"‘Media’ And ‘Insiders’"}]

In response to a question about the role of faith in governing, Gray aired his long-wrought grievances about the media, Gov. Mark Gordon, an undefined group of “insiders,” and the role of the Wyoming Attorney General.

He quoted a fictional character in an adaptation of the Count of Monte Cristo, saying, “God sees everything.” 

“That’s the way I live my life,” said Gray. “No matter whether it’s difficult, no matter the attacks from the media, and no matter the attacks from the insiders, the governor – the highest official in the state of Wyoming who the Attorney General serves at the pleasure of – I’ve been guided by truth and I’ve gotten policy done.”  

[{"type":"text","text":"Tanks Are Gonna Roll"}]

In response to that same question, Christensen spoke of leading 234 cavalry squadron soldiers into combat as they invaded Iraq.

That was just one time he shared his faith openly, said Christensen, who described leading all the soldiers in prayer, moments before “tanks are gonna roll.” 

[{"type":"text","text":"Friess turned to Christensen and said, “that was fantastic.” "}]

For his own answer to the faith question, Friess said, “our moral convictions are the center of who we are” and office-holders are accountable for their own actions.

Balow said God is her “everything,” but emphasized cordiality toward people across different faiths, especially while working collaboratively with them. 

Giralt said he and his wife are practicing Catholics, and God is the foundation that will see this nation through the next 250 years. 

Chapman said lawmakers should not only act with faith, but defend the faith exercise rights of others. 

Biteman, a history buff throughout the evening, harkened to how America’s Founding Fathers actually felt about faith in government, saying the Constitution was made for a moral and religious people.

[{"type":"text","text":"On Parental Rights"}]

All seven candidates said they’d work to defend the family as an institution, and parental rights. 

Giralt kicked off the answers by saying America should keep males out of girls sports, and that the federal government should not let its agencies “be an environment for social experiments or social change.” 

The nation should block taxpayer funds for transgender surgeries and treatments, and he’d oppose federal funding for those efforts, said Giralt. 

Chapman echoed the sentiment and said it’s time to cut administrative bloat in education and eliminate the federal Department of Education. 

The other six candidates, answering a later question, all said they wanted to eliminate the U.S. Department of Education as well. Biteman said the federal government could transfer that agency’s money toward paying down the federal debt instead. 

Biteman reiterated a staunch small-government, constitutional rights stance across multiple questions. 

Government’s role is “not to be involved in the family, good or bad, especially at the federal level.” 

He referenced Article 1, Section 8 of the U.S. Constitution, which confers specific powers onto 

Those are, to lay and collect taxes, duties, imposts and excises, pay debts - uniformly across states - and to provide for the common defense and general welfare of the United States. 

“Everything after that is clearly reserved to states and the people,” said Biteman. “Especially the families. Government should not be involved period.” 

Gray countered, saying “there’s a role for the federal government to support (school choice) education savings account programs.” 

[{"type":"text","text":"Gray echoed Giralt’s call to protect women’s and girls’ sports."}]

He took Giralt’s call to block federal funding of transgender surgeries a step further. 

“We have to ban the transgender surgeries,” said Gray. “Not just… the funding of the transgender surgeries.” 

Christensen mirrored Biteman’s small-government approach to the issue, and urged families to be accountable and strive for high values within themselves. 

Friess lent credence to Christensen and Biteman’s small-government approach, but said, “we’ve gotten to the point where it’s so intrusive, you’ve got to start passing law to nip and tuck around the edges and get (the overreach) under control.” 

Balow pointed to her defense of parental “empowerment” during her tenure as Wyoming’s superintendent, and said her work there prompted Gov. Glen Youngkin, of Virginia, to tap her as his top educator. 

“Do what you did in Wyoming, in Virginia,” said Balow, adding that she and Youngkin fought to scale back educational intrusion into parents’ roles. 

[{"type":"text","text":"On What The House Can Do About Abortion"}]

The seven candidates all cast themselves as ardently 

Friess said he became pro-life in seventh grade when Joe Biden came to speak to his assembled school. Biden attested to being a devout Catholic and said life begins at conception, but indicated he wouldn’t impose his religious beliefs on others, Friess recalled. 

“I think that was the moment I became pro-life,” said Friess. “I saw the utter inconsistency in saying one thing and enacting policies going the other way.” 

Friess said that he worked with a group of capable Washington D.C. attorneys ahead of the first Trump administration to prepare executive orders for the incoming president. 

, was an expansion of the “Mexico City policy” — a  global ban on federal global aid going to fund abortions, he said. 

[{"type":"text","text":"“That was my contribution to the battle there,” said Friess. "}]

[{"type":"text","text":"The Mama, The Planner"}]

Balow said she’s an adoptive mother, and expressed gratitude for the women who “chose life” for her children. She noted that she volunteers on the board of directors for the Wyoming Children’s Society, and said she also supports the group financially. 

“This is what the pro-life movement looks like in action, and this is what I’ll take to Congress,” said Balow. 

“How did we reach a place where our culture can celebrate choice— the choice to end a life --yet think it’s unbearable to place a child for adoption to be loved by a family?” she asked, adding that her pro-life convictions would hold in congress, and that tax dollars and policies should not back abortions. 

[{"type":"text","text":"Giralt discussed a concrete plan for pro-life moves in the House. "}]

Firstly, he said, he wants to back a bill outlawing the mailing of abortion drugs. Secondly, Giralt he wants to solidify into standing law a recurring budget amendment barring federal funding for abortions.

“It’s used as a negotiating bargaining chip,” said  Giralt. “That should no longer happen.”

[{"type":"text","text":"The Attorney, The Minimalist"}]

Chapman said that as an attorney, representing a person who had caused an accident in which a 3-week-old child was killed was “absolutely the worst experience of my life.”  

[{"type":"text","text":"He became tearful as he spoke of the case. "}]

He said that when kids are born, “we need adoption,” and “we need to support them.” 

[{"type":"text","text":"He agreed aloud with Giralt’s two policy plans. "}]

Biteman also said he’d vote for those two policy plans if elected to the House. 

Beyond that he said, the U.S. Supreme Court made abortion a state’s-rights issue with the 2022 overturn of Roe vs. Wade. 

It’s up to the Legislature, where his time is waning, to grapple the issue, and probably change the Wyoming 

The Wyoming Supreme Court on Jan. 6 ruled that a health care autonomy clause in the state Constitution confers a fundamental right to abortion access. 

Biteman pointed to his staunch pro-life record in the Legislature, where he championed numerous pro-life bills.  

[{"type":"text","text":"University Of Wyoming"}]

Gray also pointed to his time in the Legislature, and his 2017 sponsorship of House Bill 182. That bill, which became law, directed medical staffers performing abortions to inform patients “of the opportunity” to view an ultrasound of the child and hear his heartbeat. 

Biteman, who was in the House then, had voted in favor of that bill as well. 

Gray said in 2019 he heard a “rumor” that the University of Wyoming “was funding abortion in their student plans” and he asked the Legislative Service Office to ask UW if that was happening. UW “admitted to it,” and “we put a nice little rider” on UW’s budget threatening to claw back money if it continued that practice, said Gray. 

Seven of the 10 Republican candidates running to become Wyoming’s next U.S. House candidate courted a largely Christian audience Tuesday with statements on their faith, and their different approaches to education, family rights, and abortion policy. 

Daily Darwin: Thursday, December 8, 2022

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