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

<title>Daily Darwin: Tuesday, December 13, 2022 | Cowboy State Daily</title>

This is a really, really, really bad idea...

Daily Darwin: Tuesday, December 13, 2022

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

Clair McFarland

Government & Politics

Politics

The Wyoming Freedom Caucus claims the national group Americans for Prosperity is attacking “true conservatives” running for the state Legislature. 

Americans for Prosperity’s Wyoming-based director Tyler Lindholm disputes that, saying Freedom Caucus-aligned legislators aren’t always conservative.

Headquartered in Virginia, Americans for Prosperity (AFP) is a major player in Wyoming’s primary election cycle, influencing voters’ choices between different Republicans.

AFP spent $334,603 in election campaign efforts in Wyoming’s 2024 primary cycle.

 as another Virginia-based group, which differs from AFP and often backs Freedom Caucus-aligned candidates: Make Liberty Win.

[{"type":"text","text":"Make Liberty Win spent  $371,260 in Wyoming’s 2024 primary election."}]

[{"type":"text","text":"This year’s primary election is Aug. 18."}]

The primary tends to be more decisive in Wyoming because it a Republican-majority state. Republican in-fighting, not partisan divide, defines most political factions on the state legislative level.

[{"type":"text","text":"None of AFP’s picks is a known Freedom Caucus member. "}]

AFP’s favored Republican candidates in contested legislative races this year are:

[{"type":"text","text":"Nah, Says Allemand"}]

 Allemand, against whom AFP has launched mailers, told Cowboy State Daily the group has come out against “conservative” candidates and wants to end the Wyoming Freedom Caucus.

“They want to destroy the movement of the Freedom Caucus, which is a very conservative, anti-tax, pro-family movement,” said Allemand. “In all their publications they say how conservative they are, but yet they’ve endorsed the least conservative people.”

[{"type":"text","text":"Lindholm countered."}]

“We don’t look at caucus alignment,” he said. “If this was an anthem against the Freedom Caucus we’d be in the (Freedom Caucus-aligned Rep.) Ocean Andrew race supporting Cam Wright. We’d be in the (Freedom Caucus Rep.) Steve Johnson race supporting Luke Reiner.”

It boils down to a few key votes, Lindholm said, including how legislators opposed energy projects, “for the sake of voting against energy projects.”

[{"type":"text","text":"Being pro-business is a huge factor, said Lindholm."}]

[{"type":"text","text":"“Absolutely. Economics, first and foremost,” he said."}]

 Simplifying regulations in health care, and improving school choice are also AFP goals.

Lindholm said Wyoming Freedom Caucus members want people to think they’re the conservative gold standard, but they’re not always conservative.

And he pointed to Riggins as an example of a Freedom Caucus-aligned, AFP endorsee. 

Riggins is a bad example because he’s never been in the Freedom Caucus, said Allemand, who is himself a known member of the caucus.

“JR is a good friend of mine. JR has not voted conservative,” said Allemand.

As for Riggins, he said it’s more complex than that. He cast himself as conservative, but thoughtful.

He voted in favor of giving state employees raises this year, which the Freedom Caucus largely opposed. He voted to rescue the Wyoming Business Council from being dismantled because, Riggins said, the dismantling effort didn’t give a long enough off-ramp for the economic development agency.

[{"type":"text","text":"And he voted against the 2026 Second Amendment Preservation Act."}]

That failed bill sought to impose $50,000 civil penalties on Wyoming police agencies that help with federal gun-crime enforcement operations against "law-abiding" citizens, or hire former federal agents who’ve conducted those operations.

, saying it overlooks the nuances of critical and evolving situations, and chills long-wrought professional relationships that keep federal agencies from overstepping local control.

“I generally agree with most of the (caucus’) policy directions,” said Riggins in a Wednesday phone interview. “Of course, some of my votes didn’t sit well with some of them.”

Riggins said he believes the caucus “considered” letting him join, but, “After a couple of unexpected votes from me during budget session, I think (I’m) disinvited.”

Allemand said AFP’s decision not to interfere with Johnson’s Cheyenne-based House race is also a deflection.

Lindholm cited Johnson’s recent efforts to champion food-freedom measures.

“That’s really not a very good excuse,” said Allemand. “I don’t know of one person that is in the Freedom Caucus that is not 100% behind food freedom. In fact, we want to go so far as to include meats.”

As for Andrew, he’s been a top proponent of school choice, which is an AFP favored issue. 

[{"type":"text","text":"That Neiman Driskill Race"}]

The Neiman-Driskill Race for northern Wyoming’s Senate District 1 has gotten feisty.

[{"type":"text","text":"Neiman took to social media to rebut and accuse Driskill of low hits."}]

Driskill countered, saying he doesn’t and can’t coordinate with AFP as an independent PAC.

that Neiman has championed school-choice efforts – one of the AFP’s darling issues.

But, Lindholm said, an AFP-touted bill to let the state board of medicine license internationally trained doctors – to ease doctor shortages around the state – died in Neiman’s drawer in 2026.

Driskill had championed that same bill, without success, on the Senate side in 2025.

Neiman said the bill actually died in Majority Floor Leader Scott Heiner’s drawer.

He said he believes his record isn’t the leading factor in AFP’s disapproval of him.

“Oh the reason he opposes me is because he lost,” said Neiman, of Lindholm, whom Neiman beat in their state House district in 2020.

[{"type":"text","text":"Lindholm has denied that assertion in prior interviews."}]

Neiman continued: “Compare my record and my voting and what I’ve supported from school choice, to energy, to all of it. There’s no question I’ve got a better record. I outperform probably all the candidates they’re endorsing. That doesn’t wash.”  

The AFP mailers characterize at least two Neiman aye votes as anti-energy: House Bill 257 of 2023 and this year’s House Joint Resolution 3 – both unsuccessful.

The former would give private landowners greater influence over reclamation work on their property. The latter would have proposed a constitutional amendment to make any nuclear waste storage permitting go to a vote of the people at election time.

Neiman said his aye votes backed private-property rights and the popular will.

Lindholm said the first was unrealistic in the real world of energy, and the second would have burdened Wyoming’s energy sector and driven the state toward Colorado’s more democratic-style, versus representative governance, way of handling issues at the ballot.

Travis Deti, executive director of the Wyoming Mining Association, told Cowboy State Daily previously that his group opposed both the bills AFP referenced and has also endorsed Driskill.

He said House Bill 257 would have stalled mining projects for years and overlooked the split-estate ownership giving the mining sector “seniority in situations like that,” where “permits get modified all the time.”

“That was a terrible bill. Anyone who supported it was wrong,” said Deti.

[{"type":"text","text":"About Tax Hikes"}]

[{"type":"text","text":"Allemand said the Freedom Caucus is for lower taxes."}]

Lindholm said that’s not necessarily true: Allemand backed a failed bill this year that sought to raise taxes on solar and nuclear power generation.

“From the same crowd constantly trumpeting ‘government shouldn’t pick winners and losers,’ and yet he’s trying to stick certain industries’ generation with a new tax,” said Lindholm.

That bill, countered Allemand, sought to tax undertaxed industries’ generation in the hope of ultimately driving traditional minerals’ severance taxes down.

“I believe we ought to have all these industries on a level playing field, and all paying the same taxes,” said Allemand.

Tyler Lindholm and allemand 8 5 26

<title>Wyoming Freedom Caucus Claims National Group Attacking ‘True Conservatives’ | Cowboy State Daily</title>

The Wyoming Freedom Caucus claims national group Americans for Prosperity is attacking “true conservatives” running for the state Legislature. Nope, says Wyoming’s AFP director, “We don’t look at caucus alignment.”

Wyoming Freedom Caucus Claims National Group Attacking ‘True Conservatives’

Kolby fedore

Kolby Fedore

Crime & Courts

More than three months after a Sweetwater County sheriff's deputy fatally shot an armed 18-year-old during a standoff at a Rock Springs apartment complex, an independent investigation has concluded the deputy acted lawfully and will not face criminal charges.

The Wyoming Division of Criminal Investigation investigated the April 20 shooting at the Sweetwater Heights apartment complex. Carbon County Attorney Sarah Chavez Harkins served as a special prosecutor to determine whether Deputy Nathaniel Hull's actions violated Wyoming or federal law.

In a written determination dated July 31, Harkins concluded Hull's use of deadly force was both constitutionally and statutorily justified, bringing the criminal review to a close.

[{"type":"text","marks":[{"type":"bold"}],"text":"Hit-And-Run"}]

The confrontation began around 4:10 a.m. April 20, when officers with the Rock Springs Police Department responded to a reported hit-and-run in the parking lot of the Sweetwater Heights apartment complex at 2152 Century Blvd.

As officers responded, dispatchers received information that 18-year-old Zander Bowlin, an Arkansas native living in Rock Springs, had shot himself, was suicidal, possessed multiple firearms and might shoot responding officers.

The DCI investigation found officers entered Bowlin's upstairs apartment to render aid but instead found him in a bedroom holding a handgun to his neck.

Investigators said officers repeatedly ordered Bowlin to drop the gun before withdrawing from the apartment and beginning to evacuate neighboring residents.

Deputy Hull arrived to assist and took a position outside the apartment building, where he made verbal contact with Bowlin on an outer balcony, they said.

The Sweetwater County Sheriff's Office said Bowlin repeatedly moved between the apartment and the balcony carrying different firearms and pointed them at Hull several times.

Investigators found Hull stayed behind cover and withheld fire during each of those encounters.

[{"type":"text","marks":[{"type":"bold"}],"text":"Confrontation Escalates"}]

The confrontation escalated when Bowlin emerged carrying an AR-platform rifle.

Investigators said Bowlin turned toward the area where patrol vehicles, responding officers and residents evacuating the apartment building were located before lowering the rifle in that direction.

[{"type":"text","text":"Hull again ordered Bowlin to drop the weapon."}]

[{"type":"text","text":"According to investigators, Bowlin then turned the rifle toward Hull."}]

Hull fired three rounds from his duty pistol, striking Bowlin and ending the confrontation.

Law enforcement officers maintained cover while a tactical team entered the apartment and secured the scene.

Tactical officers found four firearms on Bowlin or within his immediate area — two handguns tucked into his waistband, another handgun beside him and the AR-platform rifle resting along the balcony railing. Multiple firearms, including the rifle, were loaded.

Bowlin was transported to Memorial Hospital of Sweetwater County before he was flown to a medical facility in Salt Lake City.

[{"type":"text","text":"He died April 25 from injuries sustained in the shooting."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Why No Charges?"}]

In her written determination, Harkins concluded Bowlin's actions created "a direct and immediate threat" to Hull, other responding officers and members of the public.

She determined Hull reasonably believed deadly force was necessary to prevent imminent death or serious bodily injury and that he used only the amount of force necessary to stop the threat.

Harkins also found no evidence Hull acted with "ill will, malicious intent, or any unlawful purpose."

[{"type":"text","text":"Based on those findings, she declined to pursue criminal charges."}]

Harkins did not respond to Cowboy State Daily's request for a copy of her written final determination.

[{"type":"text","marks":[{"type":"bold"}],"text":"What Witnesses Saw"}]

, authorities released few details because DCI's investigation had just begun.

[{"type":"text","text":"Neighbors, however, described a chaotic scene."}]

Varick Dittman told Cowboy State Daily he awoke after hearing what sounded like gunfire and later saw officers surrounding the apartment complex.

[{"type":"text","text":"\"I heard at least one gunshot,\" Dittman said at the time."}]

Another resident, Cayden Aragon, said officers evacuated the third floor while tactical officers and drones converged on the apartment complex. After the incident, he discovered his truck had been struck during the response.

At the time, DCI Commander Ryan Cox said many questions about the shooting could not be answered while investigators continued gathering evidence.

Cowboy State Daily also submitted a Wyoming Public Records Act request to the Wyoming Division of Criminal Investigation seeking the investigative file, including the investigative report, witness interviews, dispatch communications, body-camera footage and other records related to the shooting.

[{"type":"text","marks":[{"type":"bold"}],"text":"Sheriff Responds"}]

Sweetwater County Sheriff Rich Fischer said independent review is appropriate whenever law enforcement uses deadly force.

"Public scrutiny is appropriate whenever a law enforcement officer uses deadly force," Fischer said. "To ensure that scrutiny, DCI investigated this incident, and an outside prosecutor reviewed the evidence. The complete record shows that Deputy Hull took cover, communicated what he was observing, repeatedly ordered Bowlin to drop his weapons, and fired only after Bowlin lowered a rifle toward officers and residents and then turned it toward Deputy Hull."

Fischer said the findings confirmed Hull acted lawfully while emphasizing the human cost of the incident.

"Two things can be true at the same time: any loss of human life is tragic, and we are also profoundly grateful that no one else was injured," Fischer said. "There are moments in this profession when every available option carries grave consequences, yet an officer must still make a decision in seconds."

Rock Springs shooting 8 5 26

<title>Sweetwater Sheriff's Deputy Cleared In Fatal Shooting Of Armed Rock Springs Man | Cowboy State Daily</title>

A special prosecutor has cleared a Sweetwater County deputy in the April fatal shooting of an 18-year-old in Rock Springs. The conclusion is deadly force was legally justified after the man pointed an AR-style rifle and other firearms at officers.

Sweetwater Sheriff's Deputy Cleared In Fatal Shooting Of Armed Rock Springs Man

 SHERIDAN — Secretary of State Chuck Gray bashed data centers repeatedly and clashed with the moderator 

during a U.S. House forum and debate Tuesday night in Sheridan, 

Casper businessman Reid Rasner criticized Gray multiple times. Both philanthropist Steve Friess and Army Col. Kevin Christensen asserted that they’re leading the race with Gray.   

And a few candidates derided the significant wealth streaming into this race.

Wyoming Public Television (PBS) hosted the forum at Sheridan Community College. Both PBS and Wyoming Public Media streamed it.

PBS public affairs producer Steve Peck moderated the forum, which also featured a short debate phase. He warned candidates they should be civil and avoid prolonged challenges or pointed attacks on their opponents, or they’d be interrupted.

Cowboy State Daily and Wyoming Public Media panelists asked questions about whether Congress should legislate rules around license-plate reader cameras, and who is responsible for implementing artificial intelligence protection framework.

Gray answered both questions with repeated references to data centers, which are computer server warehouses that store data – including for AI – and are a flashpoint issue this election cycle.

“Well, I’m the only candidate on stage that has been talking about these data AI data centers and expressed my opposition to these AI data centers,” said Gray, who also referenced mandated kill switches in vehicles and automated workforces.

Other candidates have spoken of data centers, but only Gray has indicated a desire to ban them at the federal level from Washington, D.C.

Senate President Bo Biteman said the states shouldn’t be cut out of the ability to ban or approve data centers, and communities should have the most control over their local permitting decisions for them.

That has been Friess’s stance, and former U.S. Army ranger David Giralt echoed that approach Tuesday night also.

Rasner agreed with the local-control stance Tuesday night, and used the topic as a chance to deride Gray.

“And I find it very suspicious even our own secretary of state signed off on an AI data center less than 1 mile away from our nuclear facilities and (FE) Warren Air Force base,” said Rasner.

Gray interjected: “That’s false. That’s false.”

[{"type":"text","marks":[{"type":"textStyle"}],"text":"'When It's Your Turn'"}]

Rasner continued the critique. Gray turned to Peck and said, “I need to respond to that.”

“When it’s your turn to respond,” said Peck, “take the time then, please.”

“I can’t respond to false …" began Gray.

“You can respond when it’s your turn to respond next,” answered Peck.

Former President Joe Biden in a 2024 executive order announced that MineOne, a data center company “majority owned by Chinese nationals”, had bought land within one mile of the base at 635 Logistics Drive, Cheyenne.

The order calls Terra Crypto Inc, which was incorporated under Gray’s office in 2023, a subsidiary or affiliate of MineOne.

The Committee on Foreign Investment in the U.S. investigated the business and identified national security risks, the order says. The Biden administration ordered the business to 

While Gray’s signature is on the business registration approval for Terra Crypto, he has repeatedly urged the Legislature to adopt stronger business-approval laws to restrict adversarial nations.

The Legislature reacted to the 2024 controversy by giving state law enforcement 

 potentially dangerous land transfers near critical infrastructure, and giving the secretary of state grounds to dissolve businesses owned or controlled by foreign adversaries.

Meanwhile, at the debate, Friess voiced fears of AI systems “going off the rails” and said the U.S. should also be aware of its tech race against China.

Former Superintendent of Public Instruction Jillian Balow said the technology industry seeks framework and guidance from government, and said she’d work to develop that “as your congresswoman.”

Christensen said the nation needs to develop framework for ethical AI, but individuals and families also need to engage, communicate with their kids and be wary of the new landscape.

Giralt said Congress should do “hard work” to put data privacy protections in the National Defense Authorization Act.

Next, Sheridan Press government reporter Weston Pope asked candidates which of President Donald Trump’s executive orders they’d codify or discard.

Gray’s turn came last in that round, and after he listed his favored executive orders on election security, immigration enforcement and “stopping Wall Street housing speculation that has driven up housing costs,” he responded to Rasner.

“But, 20 minutes later,” said Gray, “I’m finally going to respond to this false statement from one of my opponents, who’s been making false statements for six months about me.”

Gray touted himself as the “strongest secretary of state in the nation on stopping China and North Korea.”

This is at least the second time Gray has 

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Biteman Remembers That One Differently"}]

Nikki Ouellet, managing editor of Wyoming Public Media, asked Gray and Biteman how they’d be effective in Congress.

That was during a debate phase that pitted two candidates against each other at a time.

“Well I have a track record of this,” said Gray, pointing to his sponsorship of a successful bill directing medical staffers performing abortions to inform patients “of the opportunity” to view an ultrasound of the child and hear a heartbeat. 

Gray pointed to other legislative efforts on coal and election reform.

“What I learned during that time is that people respond to legislators with conviction, legislators that are approachable, have a sense of humor and are also authentic,” said Gray. “And that’s certainly what I am.”

He said other legislators are drawn to that.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Biteman voiced surprise."}]

“Well, that’s not the history I remember, serving with my good friend Chuck,” said Biteman, who’s on the final days of 10 years’ service in the Legislature.

“He developed a reputation of being a bully,” said Biteman of Gray. “He treated people roughly and he didn’t have the respect of his colleagues, because of the way he treated them.”

Gray responded, “Well, Biteman is wrong,” and said some lawmakers didn’t like that Gray would call for named, roll-call votes instead of voice majority.

In the next debate phase pitting Biteman against Rasner, Biteman answered a question about federal spending by saying the nation needs to start by finishing the “DOGE” mission of cutting waste, fraud and abuse.

Rasner responded by thanking Biteman for his service in the Legislature, and taking another dig at Gray.

Rasner said Gray in 2021 “voted to give tax breaks to big data centers right here in Wyoming, and usher them in.”

The vote was an attempt by then-Rep. Clark Stith to repeal Wyoming’s tax exemption for large data center projects. Gray had voted at the time to keep the tax exemption.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Gray addressed Peck again."}]

“Am I going to get to respond to that per your rules?” asked Gray. “Am I going to get to respond? Are you ever going to follow your rules?”

Peck answered, “I am following the rules, sir.”

“OK,” said Gray. “So I can’t respond? You said that …"

Peck interjected, “You’ll have another chance to speak during this round.”

“You’re not following your rules,” objected Gray.

“I am following the rules, I invite you to check them,” said Peck.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"“You’re not,” said Gray."}]

“Do you want to continue, sir?” asked Peck.

Gray continued to lament that Peck was not following the rules.

Peck offered Biteman the chance to respond to Rasner’s remarks, as part of the two-man debate.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"“No, I’m good,” said Biteman."}]

[{"type":"text","marks":[{"type":"textStyle"}],"text":"The audience laughed. Some clapped."}]

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Harriet Hageman"}]

Candidates diverged slightly at the two-word lightning round prompt of “Harriet Hageman.”

“She is terrible at responding to constituent letters,” said Dodson. The audience laughed.

Christensen said he disagrees with her on a number of things that Wyoming people didn’t support but finds her hard-working and dedicated to Wyoming.

Giralt said she’s doing an excellent job, and he’ll add his own priorities to the mix.

Biteman pivoted: “She’s a good cook and she makes a mean lasagna.”

Rasner called her a strong conservative and said he’s looking forward to working with her. Gray delivered similar praise.

Friess called her a friend and said she leaves “big shoes to fill.”

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Abortion"}]

All candidates except Gray and Rasner indicated they’d leave the decision of whether to ban abortion in the hands of the states, with some echoing the U.S. Supreme Court’s ruling in the famous Dobbs case declaring a nationwide abortion access right unconstitutional.

Gray said he favors considering a national pro-life policy. Rasner simply said he’s “100% pro-life.”

That was during the lightning round, where short answers were required. Friess in prior forums has called for codifying the “Mexico City Rule,” to ban use of federal aid funds on abortion globally.

Giralt in past forums has called for codifying the Hyde amendment, to ban the use of federal dollars for abortion.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Closing Statements"}]

During closing statements, Friess asserted that the polling shows it’s a two-man race. Friess pivoted late last month to presenting himself as a candidate who can beat Gray, and whom anti-Gray Republicans should back in the election.

Balow shook her head when Friess reiterated the “two-man race” assertion Tuesday.

Balow and Rasner both pointed to their deep Wyoming roots as multi-generational residents of the Cowboy State. Giralt referenced his experience helping to craft laws as a congressional staffer.

Secretary of State Chuck Gray brought up data centers repeatedly and clashed with the moderator during a U.S. House forum Tuesday night in Sheridan. Reid Rasner criticized Gray, while multiple candidates claimed to be leading the race.

Daily Darwin: Tuesday, December 13, 2022

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