Daily Darwin

[{"type":"text","text":"Thankfully, I'm athletic..."}]

Darwin 4 13 23

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

<title>Daily Darwin: Thursday, April 13, 2023 | Cowboy State Daily</title>

Thankfully, I'm athletic...

Daily Darwin: Thursday, April 13, 2023

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

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

Clair McFarland

Government & Politics

Politics

 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.

Biteman pointed to his career in the Legislature.

“I’m a people person. I get along well with people. I build coalitions,” said Biteman. “Talk is cheap; you need to send someone to Washington, D.C., that’s actually done everything that’s being talked about on this stage.”

Biteman gestured with both index fingers pointed outward toward Gray and Rasner.

Gray asserted the race is actually a two-man race between him and Christensen, but that Christensen is “much too liberal.”

Christensen agreed with the claim that he’s a frontrunner but countered on the “liberal” allegation, calling himself a Reagan/Bush-era, traditional conservative.

“I’ve led people in combat. I’ve influenced … the Armed Services Committees,” said Christensen, also pointing to his work as a federal public-lands manager in Wyoming.

“You can see the stark differences between us: who can work with people, and who can’t,” said Christensen of himself and Gray.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Dodson urged people to vote,"}]

“Anybody up here can win,” he said. “If you think your candidate has no chance you’re wrong.” 

[{"type":"text","text":"In Hindsight …"}]

On Wednesday, Gray and Rasner both asserted via Facebook post that they’d won the debate.

Giralt thanked the outlets for hosting. Biteman posted a link to the full debate Tuesday.

Christensen authored a post expounding one of his short, lightning-round answers.

[{"type":"text","text":"The primary election is Aug. 18. "}]

Debate grey biteman rasner best

<title>Chuck Gray Hammers Data Centers, Clashes With Host At U.S. House Forum | Cowboy State Daily</title>

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.

Chuck Gray Hammers Data Centers, Clashes With Host At U.S. House Forum

Headshot of Cowboy State Daily's managing editor, Greg Johnson.

Greg Johnson

Courts

Seven months after allegedly kidnapping her 11-month-old son, fleeing the state, then 

 during a brief standoff with law enforcement, a trial has been set for Madeline Daly.

It will be another six months before a Grant County, New Mexico, jury trial is scheduled to begin on Jan. 11, 2027, which was set during a July 21 pretrial hearing.

While the wheels of justice take time, there’s no amount of time that can make Jake Stoner feel much better since the death of his son, reportedly at the hands of his mother.

“There’s a special kind of evil at work here,” he told Cowboy State Daily on Tuesday as Daly, 35, sits in a southwest New Mexico jail cell facing charges of 

 and intentional abuse of a child resulting in death.

[{"type":"text","text":"Stoner said he’s still “pretty much” shellshocked."}]

He declined to discuss the legal and court process much ahead of the trial, but Stoner did say he would have preferred if she were facing a federal prosecution instead of state.

With a federal court, “she would face the death penalty,” Stoner said.

In New Mexico, there is no death penalty and life in prison also can mean a convicted felon could be up for parole after 30 years.

If convicted, Daly could face 30 years to life for first-degree murder and life for intentional abuse, according to New Mexico statutes.

“This is the most God-awful thing I’ve ever experienced,” Stoner said.

[{"type":"text","marks":[{"type":"bold"}],"text":"‘She Would Do It Again’"}]

Already wanted on a Wyoming warrant for kidnapping her infant son Basil, Daly was located near Silver City, New Mexico, just before Christmas last year.

As Grant County Sheriff’s Office deputies moved in around an RV she was staying at, Daly, who lived at an RV park in Ten Sleep before leaving the state, realized they were closing in on her, according to an affidavit of probable cause filed in her case.

She allegedly shot her son, then tried to turn the gun on herself, but by then officers were able to subdue her, according to the affidavit written by Detective Lt. Jason Jordan.

She also reportedly told investigators afterward that she didn’t know why she shot and killed the boy, but that in her mind, she couldn’t let Stoner or his family have him.

“Even if the rest of life is worthless, she would do it again just so to make sure that the (family) didn’t touch him,” the affidavit says.

Daly told investigators that after officers stormed into the RV when she shot the boy, she “wasn’t fast enough killing herself after is all she can say about that,” the affidavit says.

Daly was wanted on a warrant out of Washakie County, Wyoming, after the boy’s father reported the infant missing Nov. 19.

Stoner, from Kilgore, Nebraska, shared custody of the boy with Daly and said she resisted him visiting their son. He last saw Basil on Sept. 28.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Lands In New Mexico"}]

Daly had disappeared until she applied for a job near Silver City, New Mexico, the affidavit says.

The Wyoming warrant for her arrest popped up during a background check, the affidavit says.

For her part, Daly told agents after her arrest that she was keeping Basil “safe,” and that she knew she was breaking the law, but felt it was worth it for the sake of her child.

She said that’s why she ran into a nearby RV with Basil when she realized the law was closing in on her, the affidavit says.

She also made unsubstantiated claims that Basil “would have been in danger and molested if she would have stepped out of that trailer” and that his father “never wanted anything to do with Basil, financially, physically, emotionally ever.”

When questioned about why she kidnapped her own son, Daly replied that “she was not going to allow her (then) 8-month-old baby go back and forth from Nebraska to Wyoming twice a month,” the affidavit says.

Daly said she wound up in New Mexico because she had worked in that area 10 years ago. She began working for some people there who “ended up ratting her out because they knew she was running from something,” Jordan wrote.

Daly apparently had been trying to blend into an unincorporated area near Silver City, Jordan writes in his affidavit.

She was living in a rented bunkhouse, and an officer who had a contact living near the bunkhouse was alerted and began “keeping an eye out for her return home,” Jordan wrote.

Coincidentally, another deputy saw Daly and her son earlier that day at a local restaurant, but at the time didn’t know she was wanted by the law.

“Madeline was last seen this morning by Cpl. Deputy (William) Mize at the Three Questions Café in Mimbres, but he was not aware of the kidnapping at the time,” the affidavit says.

The document goes on to recount that the deputy observed that “she was a bit evasive as she sat down with her son to have breakfast this morning.”

After getting the call from Washakie County, the Grant County Sheriff’s Office developed a plan to retrieve Basil, the affidavit says.

That included sending out five deputies to the bunkhouse. They had been tipped off that Daly had returned there.

“On arrival, Cpl. Deputy Mize saw a female subject running with a small child towards a motorized RV,” the affidavit says. “When deputies arrive to the motorized RV, they were confronted by a female subject later identified as (the owner of the RV).”

Daly later told investigators why she ran with Basil into the RV.

“I saw the sheriffs and I knew my time was up,” she said, according to the affidavit.

“When asked what went through her mind when she saw law enforcement walking up, she replied, ‘Jake can’t get Basil,’” the affidavit said.

Daly reportedly told investigators she assumed they had a felony warrant for kidnapping because she didn’t follow a judge’s custody order.

Seven months after allegedly kidnapping her 11-month-old son, fleeing the state, then killing the infant during a standoff with law enforcement, a trial has been set for Madeline Daly. “There’s a special kind of evil at work here,” said the baby’s father.

Daily Darwin: Thursday, April 13, 2023

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