One More For The Road

[{"type":"text","text":"Our kind of kid..."}]

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

<title>One More For The Road: Tuesday, May 16, 2023 | Cowboy State Daily</title>

Our kind of kid...

One More For The Road: Tuesday, May 16, 2023

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

Clair McFarland

Government & Politics

Legislature

Wyoming lawmakers meeting Thursday in Lander promised a crowded room repeatedly that they would fix a $3.9 million decrease in public school sports and activities funding that shocked parents and schools this spring.

The Legislature passed its new $2-billion-per year school funding model in March. A mix of hated and beloved changes have roiled the school districts. For example, teachers are on track for a roughly 12.8% raise, while other needs and wants have taken a hit.

The package’s architects voiced surprise in May, when the Wyoming High School Activities Association dispatched a plan for dealing with the $3.9 million activities shortfall that involved cutting sports, reducing travel and other reductions.

“I can tell you quite frankly that parents in Lander, myself included, are really aggravated about this,” said one parent, Randy Weisz, at the Thursday meeting of the Wyoming Legislature’s Select Committee on School Finance Recalibration, held in Lander’s school district central building.

“Lander’s taken a hit, but I had no idea what all these other schools were getting hit with. My son said, ‘They should be really mad,’ and I completely agree with that.”

Committee Co-Chair Rep. Scott Heiner, R-Green River, reassured meeting attendees repeatedly that the committee seeks to fix the issue.

“In my mind and I think in the mind of most of the committee members here, activities are an extension of the classroom,” said Heiner. “It provides benefit for our students and we don’t want to stop that. We don’t want to deemphasize how important activities are for our students.”

Committee members and staffers floated multiple different strategies for fixing the problem.

Those range from putting activities costs into the rigid but well-funded “silo” of money the Legislature has reserved for classroom teaching costs, reverting to the old activities funding model but adding a 5% increase, or letting school districts choose the more generous of the old activities model and the new one.

The committee didn’t adopt one method Thursday. It meets again Aug. 25 in Cheyenne.

[{"type":"text","text":"Now For The Numbers"}]

Laramie County School District 1 – the state’s largest – is on track to lose more than $600,000 for activities. Lincoln County School District 2, based in the Star Valley region, is on track to lose $400,000.

Not all districts are losing money: 26 are slated for increases and 22 for decreases.

That’s because the new funding model doles out money for activities based on district population, not schools.

Anticipating that smaller schools have less economy of scale for propping up activities programs, the model historically has given more money for smaller schools and less for larger ones, on a per-student basis, 

 by Legislative Service Office fiscal deputy administrator Matt Willmarth.

But now the Legislature gives money based on the whole district’s population, not each school’s population.

So if a larger district contains a far-flung, tiny high school of 45 students, apart from its bigger high school of 1,000 students, the little high school still gets less per-student allocation for activities because it sits within a populous district.

That’s what happened to Cokeville’s high school within Lincoln County School District No. 2, multiple people testified Thursday.

“This legislation created a $130,000 hole in Cokeville that would have killed all activities in Cokeville within a single year,” said school principal Kenneth Dietz, who appeared via virtual link.

Dietz and other school administrators who addressed the committee over the two-day meeting thanked lawmakers for giving classroom instructors such substantial raises.

But they also lamented – resoundingly and on both days – that they can’t pull money from the instructional silo to fund other areas that may be suffering shortfalls.

Dietz voiced the same thoughts. He said the teachers at Cokeville have been willing to see money go toward activities that they knew were helping kids.

Other administrators cast it as tension-inducing, that their classroom educators are slated for big raises while other staffers aren’t.

[{"type":"text","text":"This One’s An Oldie"}]

The teacher silo is the culmination of an old struggle between the Legislature and the education sector. 

Lawmakers hear that teachers need more money, or that schools need more money to hire teachers. So they furnish more money to the districts.

In multiple cases, the money goes “sideways” – as House Speaker Chip Neiman would say – into other areas of education.

To be fair, Sen. Chris Rothfuss, D-Laramie, has told Cowboy State Daily in the past, those other areas have seen shortfalls as well.

Johnson County School District No. 1 Board Chair Travis Pearson echoed that Thursday.

“The same year we got the 8.5% raise to the teacher based (salaries), utilities got bumped 11%,” Pearson said.

Some committee members voiced reluctance to abandon the classroom silo. It's been a great compromise that carried the new funding package, committee Co-Chair Sen. Tim Salazar, R-Riverton, told the public Wednesday. 

"If I had to do a recalibration over again, I'd do it again," Salazar said. "Those salary increases had to occur. And if you monitor the state legislative process on recalibration, it was not at all certain (they  would have)."

Administrators gave varying answers on the extent to which the raises in the teacher silo would have reached the teachers without that restriction. 

that they didn't foresee the activities shortfall.

Willmarth said that this new method was known in January while they were sculpting the new spending package, but schools didn't voice outrage over it because the teacher silo - locking funds that could cover the shortfall - wasn't yet cemented into the legislation. 

[{"type":"text","text":"Mike Yin’s Idea"}]

House Minority Floor Leader Mike Yin, D-Jackson, offered the idea of letting districts use whichever model was more generous: the old one that funded activities based on the school’s population, or the new one funding them based on the full district’s population.

Most of Wyoming’s high schools suffer under the new model, and high school activities are slated for a $5.9 million reduction statewide.  

Middle schools gain $1.69 million and elementary schools gain $340,845, however, which is why the total decrease for activities shakes out to $3.87 million.

[{"type":"text","text":"Smaller districts with fewer schools benefit from the new model."}]

Niobrara School District No. 1, based in Lusk, is set for a nearly 30% increase to activities funding.

Goshen County School District No. 1 is set for the biggest decrease, percentage-wise, at 30% less for activities. Lincoln County School District No. 2 is next, at about a 28% drop.

Brian Farmer, executive director of the Wyoming School Boards Association, told lawmakers that even with Yin’s proposition, schools might still fall short.

That’s because schools have pulled from other budget categories to fund activities above what the model allocates and recommends.

In school year 2024-25, the districts spent $4.3 million more on activities than the Legislature envisioned and allocated.

So right now with the $3.9 million reduction and the freezing of “siloed” instructional money that once helped cover the districts’ $4.3 million boost, the activities bracket is falling closer to $7 million shy of the school system’s past provision, said Farmer.

Wyoming’s courts require the Legislature to adopt a cost-based funding model for public K-12 schools due largely to the state Constitution’s promise of a complete and uniform education system.

Rothfuss urged school administrators to communicate with lawmakers about shortfalls and excesses.

“You’re telling us we don’t provide enough funding: where? Let’s see the details of the expenditures versus the funding model spreadsheet you’re generating,” he said. “Get us that data so we can start to understand where we’ve fallen short in these categories.”

Rothfuss in February advanced significant changes to the new funding  model so that it provided more money for electives and other offerings, but so that some areas – like insurance costs – anchored more directly to each district’s demands.

Senate President Bo Biteman, R-Ranchester, worried aloud that Yin’s proposition strayed from the court-mandated mission of the Legislature.

“Not to throw cold water on it,” Biteman said. “You know I just want to make sure we’re evidence-based and cost-based here, not just going on what feels good.”

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<title>Wyoming Lawmakers Start Work To Fix $3.9 Million School Activities Shortage | Cowboy State Daily</title>

Wyoming Lawmakers Start Work To Fix $3.9 Million School Activities Shortage

Daily Cartoon

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<title>Daily Cartoon 1: Friday, June 26, 2026 | Cowboy State Daily</title>

Daily Cartoon 1: Friday, June 26, 2026

Crime & Courts

Next week Idaho will adopt the firing squad as its primary execution method due to availability and failure problems with lethal injection. 

A lawmaker tried to give Wyoming a firing squad option while the state still had a convicted rapist and murderer on death row in 2014, but the bill didn’t clear the Legislature. 

Wyoming law calls for executions by lethal injection. If lethal injection is found unconstitutional, the state can use a gas chamber.

Dale Wayne Eaton, the “Li’l Miss” killer, was convicted in 2004 for kidnapping, raping and murdering Lisa Marie Kimmell 16 years earlier in Wyoming. The jury called for the death penalty.

But in 2014, while Eaton’s appeal was ongoing, many states were running short of the chemicals to perform lethal injections.  

“So we may have had a problem coming up with the drugs needed for the execution,” 

Burns, a Republican of Sheridan, told Cowboy State Daily in a Thursday phone interview.

It would be expensive to build a gas chamber, Burns reasoned, adding, “I always thought gas chamber the most gruesome form of execution anyway.”

Idaho is spending $1.2 million to retrofit an execution chamber for its new firing squad method, the 

[{"type":"text","text":"It doesn’t have to be that expensive, Burns countered."}]

“I don’t know that you’d necessarily need to build a room,” he said. “Even if you did, it could just be cinderblocks.”

[{"type":"text","text":"The Eaton case fizzled in the years that followed."}]

A federal district court judge overturned his death sentence in 2014 because defense lawyers hadn’t pursued a mental-health defense despite Eaton’s mental-health problems.

Prosecutors said they intended to seek the death penalty again on the re-trial, and the trial court ordered a mental evaluation. Then in his mid-70s, Eaton had suffered strokes, dementia and depression, and the trial court found him incompetent to stand trial.

Prosecutors withdrew the death penalty case in 2021 and he was re-sentenced to life in prison the next year.

[{"type":"text","text":"Now 81, Eaton remains in Wyoming's prison system.  "}]

Burns’ 2014 bill made national headlines and surfaced on late-night commentator Stephen Colbert’s show.

“This was back when (Colbert) played the faux conservative,” recalled Burns, a Republican who had represented Sheridan. “It had a picture of me with the graphic ‘thrift justice.’”

The Senate rejected the bill 17-13 on its introductory vote. In even-numbered years, non-budget bills require a two-thirds vote to clear introduction and enter the chamber.

Burns’ legislation resurfaced as a Joint Judiciary Committee bill in 2015, when it had a longer trajectory.

It cleared the Senate and House of Representatives both. The House margin was narrow: 32-28.

In Burns’ view, “the House screwed it up six ways to Sunday and it got to conference committee and it died.”  

Rep. Bob Nicholas, R-Cheyenne, who remains in the House today, secured an amendment requiring Wyoming to administer a sleep drug to a convict before having him shot.

Burns said the “knockout drug” was part of the drug shortfall for lethal injections in the first place, however.

[{"type":"text","text":"Nicholas could not be reached for comment by publication."}]

Burns, Nicholas and other lawmakers later attempted a compromise, saying the state would offer, rather than require, sedation. But the bill failed two conference, or negotiation committees and it died.

[{"type":"text","text":"Look, Speaking Practically"}]

Wyoming Department of Corrections Dan Shannon declined Thursday to speak to the moral and humaneness questions around the death penalty and different methods.

“I consider it’s my responsibility to follow the law and perform the duty as required, and I’d certainly do so,” he said. He added that as for Idaho, “whatever Idaho decides is best for them.”

But if his agency received a death warrant, it’s important to have multiple methods available, Shannon said.

“A primary, or only method, I think, can really get you tied up in court,” he noted.

More than 20 pharmaceutical companies, including 

, banned the use of their medicines in lethal injections in 2016. States scrambled for substitutes. As they did, the number of botched executions spiked, 

[{"type":"text","text":"Some states “compound” or craft the concoction themselves."}]

[{"type":"text","text":"“I believe that’s not the approach,” Shannon said."}]

 For one thing, he said, compounding lethal drugs provokes even more litigation than already surrounds the death penalty.

“In the event that we received a death warrant, I’d approach the legislators and I’d ask, one, that we leave the lethal injection and second, (they’d adopt) nitrogen hypoxia,” or gas, Shannon said.

When Burns’ bill started circulating in 2014, the DOC recommended $30,000 to adjust for the firing squad adjustments. That would be much higher now, noted Shannon, referencing Idaho’s $1.2 million price tag and inflation.

[{"type":"text","text":"No One On Death Row"}]

[{"type":"text","text":"This issue is distant from Shannon in reality, however."}]

 Mark Hopkinson’s lethal injection in 1992 – 13 years after he was convicted.

Hopkinson had ordered the torturous murder of 23-year-old Jeffrey Green, who was set to testify against him for the 1977 bombing of an attorney’s home in which three people died.

The last-minute question of whether then-Gov. Mike Sullivan should commute Hopkinson’s death sentence in 1992 harrowed the governor, he told Cowboy State Daily in an interview last May.  

“You’re not faced with that kind of decision very often,” Sullivan said.

 He had support from others. His priest stayed with him in his office in Cheyenne the day of Hopkinson’s execution.

The depths of contemplation Sullivan reached changed him, though he now can’t pinpoint exactly how. After people surmount decisions that serious, they become more introspective, more thoughtful, he said.

On the one hand, Sullivan knew the state he led was about to take a life. On the other hand, not even the rigid constraints of federal prison had kept Hopkinson from having Green killed.   

That was Sullivan’s chief consideration when he ultimately chose not to commute the man’s death sentence, he said.

Wyoming’s former DOC director Bob Lampert told Cowboy State Daily on Thursday that he disagrees with the death penalty.

[{"type":"text","text":"He has a lot of experience with it, he noted."}]

He served in Texas prisons and ran security at the Ellis One unit in Texas, which housed death row. He also worked in the Huntsville unit, where the executions unfolded, and he was part of the team involved in those executions, he said.

Lampert said he opposes the death penalty now “for a variety of reasons: one of the largest is the impact it has on the (prison) employees as well as the other inmates that get to know the condemned.”

In Idaho, the state is seeking police officers to volunteer as firing squad marksmen.  

After having spoken with multiple condemned inmates just before their executions, Lampert said, none of them considered Texas’ death penalty had factored into their thinking as a deterrent. Their passions, or drug involvements, overwhelmed any such considerations, Lampert recalled.

To pursue a full death penalty case through appeals costs around $1 million, plus the lengthy time they’re incarcerated throughout, he added.

[{"type":"text","text":"“Ultimately it’s an irreversible penalty,” said Lampert."}]

Lampert led Wyoming's prison system for nearly 17 years before retiring in 2023. He recalled how scarce lethal injection drugs grew during that time – a consideration that remained on his mind since he worked for a death penalty state.

In both Wyoming and Texas, “I had to decide if the position I was in – and being responsible for involvement in death penalty cases – was something that I could personally live with despite my opposition to capital punishment,” Lampert reflected. “And I was able to make that adjustment. Because it was the will of the citizens that I worked for. So I was always prepared to carry through with whatever responsibility I had.”

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<title>Idaho's Reviving The Firing Squad. Wyoming Almost Did For Dale Wayne Eaton | Cowboy State Daily</title>

Idaho is switching from lethal injections to firing squad executions on July 1. Wyoming almost added firing squad executions as an alternate method in 2014 because lethal injection drugs were scarce and 'Lil Miss' killer Dale Wayne Eaton was still on death row.

Idaho's Reviving The Firing Squad. Wyoming Almost Did For Dale Wayne Eaton

Headshot of Cowboy State Daily reporter, Jackie Dorothy.

Jackie Dorothy

Wyoming Life

They have been dubbed by historians as the Arapaho Five, warriors who found themselves fighting against the cavalry in the Battle of the Little Bighorn 150 years ago this week. In the spring of 1876, these young bucks, as they called themselves, snuck off from the fort where their band was camping and became part of history. 

[{"type":"text","text":"Their names were Left Hand, Yellow Eagle, Yellow Fly, Water Man and Sage."}]

In 1919, Tim McCoy, actor and adopted member of the Arapaho tribe, was sitting in a powwow with several Arapaho friends on the Wind River Indian Reservation along the Little Wind River. 

He later related the story to Darryl Ponicsan in a June 1977 article for the American Heritage magazine, 

“High Eagle The Many Lives Of Colonel Tim Mccoy

“They started telling me that Old Water Man was in that fight,” McCoy said. “I sort of scoffed at it because every Indian and his brother was in that fight. Practically all of them killed Custer.”

However, when McCoy began asking Water Man questions, the old Arapaho answered them all accurately. Determined to have the old men tell the stories themselves, McCoy arranged for separate interviews with Water Man and Left Hand in nearby Riverton by 1920. 

The other three warriors had already gone to the “great mystery” according to Left Hand and 

. However,  Sage, was still living near St. Stephens under the name of Sherman Sage. Only remnants of Sage's own story were ever recorded.

The two warriors McCoy knew about agreed their stories needed told.

“I had lived 22 snows at the time of the great battle on the Little Bighorn River,” 

told McCoy. “Soon Left Hand and I must go to the long sleep, and no one will be alive to tell the story, so I will tell you, whom the Arapahoes call their Soldier-Chief, everything just as I saw it, and nothing that is not the truth.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Left Hand & Water Man"}]

Left Hand began his story by stating that he was part Blackfeet and part Cheyenne but had always lived among the Arapaho. He was born in the Powder River Country and, in 1876, was camped with the Arapaho at Fort Robinson, Nebraska, drawing rations, when he left with a war party to fight the Shoshones.

“When we were young men, it was the custom of the young Indian to go on small war parties looking for Shoshones or other unfriendly tribes,” Water Man explained. “If our medicine was good, we sometimes returned to camp with a scalp or a number of ponies.” 

The young bucks rode north into the buffalo country and, near the Little Bighorn River just south of what is now Crow Agency, Montana, met a small party of Sioux.

“They told us that the Sioux were going to have a sundance and said that we should come along with them to the Sioux village and have a good time,” Water Man said. “Afterward I learned that these Sioux thought we were scouts for the white soldiers.”

Unaware that they were being tricked, the five Arapaho rode with the Sioux. As they came near the village, a great many Sioux came out of the camp.

“They took all our guns away, and made us prisoners, saying that we were scouts of the white man, and that they were going to kill us,” Water Man said.

Young Two Moon, nephew of Cheyenne Chief Two Moon, said all the Sioux believed they were scouts from a camp of soldiers. He verified the Arapahos' claim of being held prisoner in a 1908 interview with George Bird Grinnell.

“Two men took their part — Black Wolf and Last Bull,” Young Two Moon said. “They said the people should wait and not act hastily.”

The Arapaho were taken into Two Moon’s lodge. The Sioux threatened to kill the five all night.

“In the morning, Two Moon, Chief of the Cheyenne, learned we were Arapahoes, so he went to the Sioux Chiefs and made them give us back our guns and set us free,” Water Man said.

The Arapaho were given back their guns but not allowed to leave camp. The young men saw the sun rise two times and the village grew to thousands of warriors, the most any had ever seen in one place.

It was on the third day, June 25, 1876, that the battle began.

[{"type":"text","marks":[{"type":"bold"}],"text":"The War Cries"}]

All the Arapaho men had readied themselves for the battle. Water Man said he was dressed in beaded leggings, breechclout, a white shirt and a large war bonnet. Left Hand was dressed in a shirt and breechclout, and his medicine was a piece of buffalo hide made into a cross with two feathers in it, which he wore in his hair.

“My face was painted yellow and red and, around my neck, tied in a deer-skin medicine bag, was a certain root, which was my medicine,” Water Man said. “I still have that same medicine,”

Left Hand said the first attack, led by Major Marcus Reno, was at the south end of the village when the sun was at the position of about 9 a.m.

“The soldiers fired a few shots, but when we rushed toward them, they became frightened and started back across the river,” Left Hand said. “Many of them lost their horses and had to swim across."

He described how the soldiers climbed on a high ridge and built a barricade.

“There were many soldiers killed there,” Left Hand said. “The Sioux were all around them.”

When the sun was straight up, about noon, Left Hand heard shooting at the lower end of the village and knew it must be more soldiers.

“I went down through the village and crossed the river with a large party of Sioux and Cheyennes,” Left Hand said. “We Arapahoes had all gotten separated during the first fight.”

 had joined a group of warriors at the lower end of the village and fought off troops who were trying to cross the river and attack the camp. During the earlier part of the fight, Waterman was in a small gulch below the hill where the soldiers were stationed. He later moved up the hill and closed in on the enemy.

“There was a great deal of noise and confusion,” Water Man said. “The air was heavy with powder smoke, and the Indians were all yelling.”

Water Man said Crazy Horse, the Sioux Chief, was the bravest man he had ever seen.

“Crazy Horse rode closest to the soldiers, yelling to his warriors,” he said. “All the soldiers were shooting at him, but he was never hit.”

Water Man said he only knew of one soldier he personally killed. It was near the end of the fight when they rushed to the top of the hill and finished all that were still alive.

“I killed him with my gun, but did not scalp him because the Arapahoes do not scalp a man with short hair, only long hair,” Water Man said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Killed A Sioux But Not White Soldier"}]

Left Hand, who counted 13 coup during the battle, saw an Indian on foot who was wounded in the leg.

“Thinking he was one of the Crow or Arikara scouts with the soldiers, I rode at him, striking at him with a long lance which I carried,” Left Hand said. “The head of the lance was sharpened like an arrow. It struck him in the chest and went clear through him.”

The Indian fell over a pile of dead soldiers. Afterward. Left Hand discovered the man he killed was actually Sioux.

“The Sioux were going to kill me because I had killed their friend,” Left Hand said. “One Sioux tried to take my horse away from me, but I would not give him up.

“Everyone was excited. The hills were swarming with Indians, all yelling and shooting.”

Left Hand said that as he came up on the ridge, one soldier, who was on the ground, handed him his gun.

“I took the gun and did not kill him, but some Sioux who were behind me killed him,” Left Hand said. “I went back and took his belt, which had many cartridges in it.”

McCoy said the soldier was wounded and handed Left Hand his gun to surrender.

“They didn’t understand. You don’t surrender to an Indian 

 you either fight or you die,” McCoy said. “Left Hand took the gun, but he couldn’t use it because the shell jammed in the chamber.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Custer’s Last Stand"}]

[{"type":"text","text":"Both Water Man and Left Hand saw Custer near the end of the fight."}]

“He was dressed in buckskin and was standing up and had pistols in his hands shooting into the Indians,” Left Hand said. “I did not see him again until it was all over. I walked around and saw him lying there. He was dead.”

Water Man also reported that Custer was wearing buckskin. But by the time he saw him, Custer was on his hands and knees.

“He had been shot through the side and there was blood coming from his mouth,” Water Man said. “He seemed to be watching the Indians moving around him.”

Water Man described how four soldiers were sitting up around Custer, but they were all badly wounded. The next time he saw Custer, he was dead.

[{"type":"text","marks":[{"type":"bold"}],"text":"Snuck Away"}]

After the squaws, as the old men called the women of the tribe, had cleared the battlefield, the Arapahoes knew they had to escape. The Sioux were angry at Left Hand for killing one of their own and were waiting to take revenge.

The next morning, the Sioux broke camp and started for the mountains. They had heard some soldiers were coming up the river, and the Indians were scared.

“That night after they had made camp and it was dark, we four Arapahoes crawled out to the pony herd and, each mounting a pony, slipped away,” Left Hand said. “We travelled as fast as we could back to Fort Robinson where the Arapahoes were.”

At the time they shared their stories with McCoy, the old men were living on the reservation and life was much different.

“The buffalo are all gone, and the Indians who once roamed these plains and were happy are now held on reservations as wards of the government,” Water Man said. “We are old men now, and soon we too must pass over to the great mystery. That is why I have told you this story.”

Five young Arapaho braves snuck off from Fort Robinson 150 years ago this week and fought the 7th Cavalry at Little Bighorn, where General Custer met his demise. They later told their story to actor and adopted member of the Arapaho tribe, Tim McCoy.

One More For The Road: Tuesday, May 16, 2023

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