Daily Darwin

Darwin 5 21 23

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

<title>Daily Darwin: Sunday, May 21, 2023 | Cowboy State Daily</title>

When enjoying a fine tequila, one should always pair it with a lime and a pinch of salt...

Daily Darwin: Sunday, May 21, 2023

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

Clair McFarland

Government & Politics

Legislature

to loosen Wyoming’s restrictions on selling raw milk and certain other home-grown foods, state lawmakers advanced a “Band-Aid” measure this week.

The proposed law change is not perfect, Sen. Bob Ide, R-Casper, conceded during a meeting of the Agriculture, State and Public Lands & Water Resources Committee, which he co-chairs.

“We are trying to put a Band-Aid on something right now,” said Ide. “But I think the Band-Aid’s probably good … and we maybe can amend it in committee before it goes to the floor.”

The bill seeks to give the director of the Wyoming Department of Agriculture the discretion to give one exemption each, for home food sellers wanting to sell products outside the designated food-freedom sale sites already in law.  

It’s an answer to outcry over the stop-sale order the Hippy Cow Creamery in Cody

 for selling raw-milk lattes out of a shop a few feet from the owners’ home kitchen.

It’s also a stopgap meant to prop up a complicated law that needs much more detailed rewriting, multiple lawmakers and advocates said in the Tuesday meeting.

Wyoming Department of Agriculture Director Doug Miamoto indicated the stopgap emerged from concern about rolling the state’s food freedom law back too much.

He said it’s hard “to figure out how you would craft that wording so that you don’t create a dumping ground out of the state of Wyoming for corporate food manufacturers that could make a claim that, you know, (their wares are) homemade food.”

Miamoto said discretion may give the department the ability to identify true local producers and their intentions for exemptions that pose “no health and safety risk.”

“I’m under no illusion we’re going to fix this overnight,” said Rep. Steve Johnson, R-Cheyenne, who brought the bill to the committee after leading a working group on the topic. “I’d like to get this bill passed, and help Hippy Cow Creamery, and anyone else that needs an exemption like that.”

But Sen. Barry Crago, R-Buffalo, worried aloud that the bill might not help Hippy Cow. 

The shop didn’t just run into trouble for selling raw-milk lattes outside the owners’ home, but also for selling coffee without a commercial license.

[{"type":"text","text":"So Give Coffee Away"}]

[{"type":"text","text":"Miamoto hinted at a workaround."}]

“We have muffler shops all over the state that give away coffee,” he said. “You could do that.”

[{"type":"text","text":"Rep. Bob Davis, R-Baggs, pressed for clarification."}]

“So he (the shop owner) essentially is giving away the coffee, and then selling the raw milk?” asked Davis.

“That’s correct,” said Miamoto. “If he wanted to operate without a license we couldn’t allow him to sell the coffee itself because that requires a license.”

[{"type":"text","text":"That would leave only the location problem to exempt, indicated Miamoto."}]

Crago said he wants to help people toward food freedom, but he also voiced uncertainty toward workarounds and potential vague points in the bill.

“Let’s not make promises that are hollow,” he said. “Let’s actually get to the bottom of this and start digging into the statute itself, and figure out what we want to regulate and what we don’t.”

Crago ultimately voted for the bill, saying he was still hoping for a longer-term fix.

The committee adopted it 12-2, meaning it could go into the January 2027 lawmaking session with an edge. If it passes, the bill would not become effective until July of next year.

Davis and Rep. Karlee Provenza, D-Laramie, voted against it, both saying the policy change would offload the Legislature’s responsibility to make laws onto an executive-branch department head.

“I support the effort of what we’re trying to do,” said Provenza. “But there’s intent, and there’s impact.”

Food Freedom provenza and johnson 7 30 26

<title>Food Freedom: Legislators Advance ‘Band-Aid’ For Shutdown Of Cody Creamery | Cowboy State Daily</title>

Wyoming legislators have advanced a “Band-Aid” solution to food freedom laws that led to shutting down Hippie Cow Creamery in Cody over selling raw milk lattes. “I’m under no illusion we’re going to fix this overnight,” said one lawmaker.

Food Freedom: Legislators Advance ‘Band-Aid’ For Shutdown Of Cody Creamery

Kerry Drake

Crime & Courts

A Colorado man has been charged with aggravated vehicular homicide in the death of a 22-year-old passenger flung from his car after he crashed while trying to elude police at more than 100 mph on Clear Creek Parkway near Cheyenne. 

Both Colorado resident James K. Moore and another passenger from South Carolina were hospitalized. Christian Dawsey, 22, also from Colorado, was ejected from the vehicle and died at the scene, the Wyoming Highway Patrol reports.

In addition to aggravated vehicular homicide, which can carry up to a 20-year sentence, Moore was charged in Laramie County Circuit Court on Thursday with aggravated assault, property destruction and defacement, reckless driving and attempting to elude police.

WHP Trooper Brandon Todd initially noticed that Moore, 26, did not have functioning taillights as he drove near Exit 7 

 in Cheyenne just after 11 p.m. July 23. In an affidavit, Todd wrote that the car appeared to be pulling over after the trooper activated his emergency lights while leaving the median.

The incident escalated quickly when Moore’s white Hyundai IONIQ 5 instead exited at West College Drive and Clear Creek Parkway, then quickly accelerated to flee southbound. Todd wrote that the vehicle was traveling more than 100 mph in a 45 mph zone, and he eventually saw Moore's car crash.

Moore failed to navigate a sharp left turn and continued straight, exiting the roadway and becoming airborne, Todd wrote.

"I saw what looked like a small explosion from the vehicle," the affidavit says, adding that he found the wreckage in the parking lot of Simon, a business at 6215 Clear Creek Parkway.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Thrown From Car"}]

He approached and found Moore “unconscious and unresponsive." A passenger later identified as the man from South Carolina was semi-conscious and had severe bruising on the right side of his face, Todd wrote.

"I ran through the parking lot and made my way to the vehicle, where I made contact with the driver, who was unconscious and unresponsive," the affidavit says, adding that he was identified as Moore from his Colorado driver's license.

 twice told Todd that he and Moore were the only two people in the car, while “Moore began itching his nose and would not respond to verbal stimuli,” according to the affidavit.

It was when he was walking back to his patrol car that Todd says he found Dawsey's body, and it was apparent he had been killed.

"I began walking back to my patrol car through the debris field and the path the vehicle took as it crashed through the parking lot," Todd's affidavit says. "I located the third occupant of the vehicle, who was laying on his stomach, face down, and had sustained injuries in the crash that were not compatible with life."

Todd said he identified a strong odor of a flavored alcoholic beverage while he attempted to talk to Moore and the other passenger, and later found a small red-and-clear alcoholic beverage in the driver’s side door cup holder.

Todd wrote that he found empty beer cans and smaller alcoholic containers called “shooters” as he walked through the debris field.

Both Moore and the South Carolina man were extricated from the vehicle at the scene by emergency medical responders. A blood sample was taken from Moore and he was read Wyoming’s Implied Consent Advisement.

Moore was flown to Colorado via LifeFlight for further care. The surviving passenger was transported by ground ambulance to Cheyenne Regional Medical Center.

Dawsey died at the scene, Todd wrote, adding that he was not wearing a seat belt. 

During the investigation, Todd said Dawsey’s grandparents notified the WHP dispatch that they had received a crash notification from his phone. 

While completing his inventory of the crash scene, Todd opened a backpack that contained a urine test and a sex toy.

On Monday, Todd noted that he had discovered from the Larimer County (Colorado) Probation Office that Moore was on probation for felony menacing with a real or simulated weapon and he was not allowed to come into Wyoming.

He also wrote that people on probation sometimes use fake urine for required drug testing.

High Speed crash WHP 7 30 26

<title>Colorado Man Charged In Death Of Passenger Thrown From His Car At 100 MPH | Cowboy State Daily</title>

A Colorado man is charged in the death of a man flung from his car when it crashed in a Cheyenne parking lot while running from troopers at 100 mph. The passenger “sustained injuries in the crash that were not compatible with life,” a trooper reports.

Colorado Man Charged In Death Of Passenger Thrown From His Car At 100 MPH

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

Greg Johnson

Courts

Just because a Douglas man facing 72 child sex and pornography-related charges was a 

 on Tuesday doesn’t necessarily mean whoever put up $250,000 cash to bond him out of jail will lose all that money.

The Converse County Attorney’s Office could file a motion to revoke or forfeit all, some or none of Smallbone’s bond, said Steven Titus, a Gillette defense attorney.

Smallbone also could be ordered to pay for the costs of the Converse County Sheriff’s Office to go get him from San Francisco, where he was 

, four hours after he missed his court hearing.

And those costs could likely be pulled from that $250,000 bond, said Titus, adding that he’s referencing general options and not specifics about Smallbone’s case.

That said, he thinks Smallbone missing that hearing “was stupid,” and that it’s “very rare” for someone to not show up for court when a large amount of money or their home is on the line.

“I can’t remember the last time someone willingly missed court, knowingly missed court, with that kind of money on the line,” Titus said. “It’s really rare for something like this to happen.”

As of Thursday afternoon, Smallbone was still being held at the San Francisco County Jail on a fugitive warrant out of Wyoming.

He hasn’t yet been seen by a judge there and a hearing on his extradition to Wyoming hasn’t been set, according to the Superior Court of San Francisco.

When he does get back, Titus said he would be “shocked” if the judge in his case doesn’t revoke his bond altogether or raise it significantly.

“My guess is the judge will increase the bond, because if he wasn’t a flight risk before, he’s shown he is now,” Titus said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Who Gets The Money?"}]

The Converse County Attorney’s Office so far hasn’t filed a motion to revoke or forfeit Smallbone’s bond, according to the public-facing court file in the case.

While he won’t comment on Smallbone’s case or circumstances, Converse County Deputy Prosecutor Nathan Shumway echoed Titus’ assessment that there are many things that can determine just how much — or little — bond is forfeited in a criminal case.

That process could include holding an evidentiary hearing to show someone “willfully violated a condition of their bond,” Shumway said in an email to Cowboy State Daily.

“In the instance of a failure to appear, what usually must be proven is that the failure to appear was willful, and not because of something outside the defendant’s control,” he said.

“If the State meets its burden, the Defendant’s bond is revoked and the process continues as if the person had admitted to violating their bond,” he added.

[{"type":"text","text":"If not, the bond is reinstated."}]

The $250,000 question some are asking now that Smallbone has been picked up for the second time within a week on a fugitive warrant in another state is: Where does that money go?

[{"type":"text","text":"It can be a variety of places, both Titus and Shumway said."}]

Some of the money can be used to repay costs associated with finding and apprehending someone on the run, and the court can implement penalties, Titus added.

[{"type":"text","text":"Whatever is left goes to local schools."}]

“When a bond is ordered forfeited by the court, the money is paid into the county treasury to the credit of the county’s public school fund, in accordance with Wyoming Statute 7-10-105,” Shumway said.

[{"type":"text","marks":[{"type":"bold"}],"text":"How We Got Here"}]

Smallbone was released from jail June 24, when someone walked into the Converse County Detention Center with $250,000 cash.

He was arrested July 22 on a fugitive warrant in Fort Collins, Colorado, after investigators learned he may have been trying to flee Wyoming.

 on a personal recognizance bond before Converse County officials could bring him back to Wyoming.

Smallbone then was a no-show for his Tuesday arraignment hearing in Douglas, then about four hours later was arrested again in San Francisco, Sheriff Clint Becker reported.

Siegel hadn’t responded by Thursday afternoon to an offer to explain what happened in her courtroom with Smallbone.

The result was frustrating for law enforcement in two states, with Converse County Undersheriff Chris Walsh calling the release “a surprising twist” that left him “shocked.”

The Larimer County District Attorney’s Office in Colorado also has questioned how an accused child sex abuser was released.

“Mr. Smallbone was taken into custody on a valid and active warrant out of Wyoming, which included dozens of allegations of sexual crimes against children,” agency spokesperson Kylie Masserman said in a Monday email to Cowboy State Daily. 

She said her office asked Magistrate Siegel to also issue a $250,000 cash-only bond for Smallbone. 

That’s because the objective was “to keep him in custody until he could be transferred back to Wyoming to face his charges,” she said in the statement. “This request was consistent with what the Wyoming authorities requested and consistent with our practices on cases of this severity.”

Masserman said that instead, the personal recognizance bond was issued “contrary to our request.”

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

Meanwhile, Converse County officials were ready and waiting in case Smallbone did show up for his Tuesday hearing, or for any trouble that might ensue because of the nature of the allegations against him.

Sheriff Becker was leaning on a rail outside the justice center ahead of the scheduled hearing, flanked by five deputies. 

Three more deputies manned the security station just inside the front doors, and two Douglas cops were hanging out inside the courtroom.

While there were no emotional fireworks, Becker said he and his deputies were ready “just in case.”

It was the same inside the courtroom, which looked a bit like a shotgun wedding, with the 30 or so people watching from the gallery choosing to sit behind the prosecutor’s table.

[{"type":"text","text":"The hearing, scheduled to start at 3:30 p.m., was over by 3:35."}]

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

Smallbone’s charges relate to a trove of videos and child sexual abuse material (CSAM) allegedly found on his phone and electronic devices while Converse County investigators were looking into a report that he propositioned a young girl, according to a court affidavit.

The mother of an underage girl reported concerning interactions her daughter had with Smallbone on May 9.

The girl was in a vehicle with Smallbone and others when he allegedly typed “if you suck me, I’ll lick you” on his phone and showed it to the girl, according to an affidavit of probable cause written by Lt. Benjamin K.P. Peech of the Converse County Sheriff’s Office.

“He also mouthed the words, ‘I want to see you naked,’” the affidavit says.

Smallbone later denied mouthing anything or showing the girl any messages.

On those devices, investigators report that they found dozens of images and videos depicting prepubescent girls and boys performing a wide range of sex acts, the affidavit says. Many of the videos appear to have been created by Smallbone in rooms and spaces that are identifiable enough to connect them to alleged potential victims.

The most disturbing allegations stem from a series of at least seven videos that the affidavit reports allegedly show a young girl having her pants pulled down and being subjected to sex with a dog.

Along with the CSAM, investigators say they found “records indicating (his phone) had been used to connect to the Tor Browser, which is commonly used by subjects accessing CSAM to communicate within the Dark Web anonymously,” the affidavit says.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"He’s charged with:"}]

• 1 count of first-degree sexual abuse of a minor.

• 36 counts of possessing child pornography.

• 16 counts of using a video camera to record intimate areas of another person without consent.

• 18 counts of knowingly manufacturing, generating, or creating child pornography.

• 1 count of possessing more than 3 ounces of marijuana (1.3 pounds).

At Tuesday’s hearing, Shumway said his office intends to file new, expanded charges against Smallbone. Those weren’t available in the public court files as of Thursday afternoon.

If convicted with maximum concurrent sentences, Smallbone could face up to 791 years in prison and fines of up to $710,000.

The most serious is the sexual abuse of a minor charge, which calls for a sentence of between 25 and 50 years.

Smallbone and courthouse 2 7 30 26

<title>What Happens To $250,000 Bond For Accused Sex Abuser Who No-Showed At Court | Cowboy State Daily</title>

Just because a Douglas man facing 72 child sex and pornography-related charges was a no-show for his arraignment hearing on Tuesday doesn’t necessarily mean whoever put up $250,000 cash to bond him out of jail will lose all that money.

What Happens To $250,000 Bond For Accused Sex Abuser Who No-Showed At Court

Employee kate meadows cropped

Kate Meadows

Agriculture

A sweeping class-action lawsuit accusing the nation's four largest meatpackers of conspiring to manipulate cattle and beef prices is moving forward after a federal judge in Minnesota certified several classes of plaintiffs earlier this month.

The lawsuit alleges that JBS, Tyson Foods, Cargill and National Beef coordinated to restrict beef supplies and inflate prices between June 2015 and February 2020, harming ranchers who sold cattle while forcing wholesalers, grocers, consumers, restaurants and caterers to pay more for beef.

Together, the four companies control more than 80% of the U.S-fed cattle processing market, giving them wide influence over cattle prices and the nation's beef supply.

[{"type":"text","text":"U.S. District Judge John Tunheim issued his ruling July 16."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"From The Big 12 To The Big Four"}]

For Wyoming ranchers who have watched consolidation reshape the industry over decades, the lawsuit is about far more than the five-year period covered in the complaint.

"The packers have controlled the destiny of beef for decades upon decades," Crook County rancher Tyler Lindholm told Cowboy State Daily. "It's getting to the point where people are starting to push back."

State Sen. Ogden Driskill, R-Devils Tower, said the current market is the product of decades of declining competition.

"Our federal government has allowed our federal packing industry to go from the big 12 to the big 10 to now the big four," Driskill said.

With a dozen major packers competing, coordinating prices would have been far more difficult, he said. Today, with only four dominant players, ranchers are left with few options for selling cattle.

"It really is high time for the government to step in and say we have to get a process that treats everybody fairly," Driskill said. "We're not asking for an upper hand. We're looking for everyone to be treated fairly."

Driskill blamed what he called a "very, very failed federal bureaucracy" for allowing market concentration to reach its current level.

[{"type":"text","marks":[{"type":"bold"}],"text":"Not Every Rancher Is Convinced"}]

Not everyone in Wyoming's cattle industry believes the allegations will hold up.

Laramie County rancher Mark Eisele said he remains skeptical that the major packers have engaged in coordinated misconduct.

"I'm not sure how I feel about this lawsuit," Eisele told Cowboy State Daily. "I would like to see what comes from this."

After decades in the cattle business, Eisele said he has never seen evidence of retaliation or deliberate manipulation by the major packers.

[{"type":"text","text":"Court filings paint a different picture."}]

According to the plaintiffs, economic modeling shows ranchers were underpaid by nearly 7% during the period covered by the lawsuit because the packers coordinated slaughter schedules and managed beef inventories to suppress cattle prices while increasing wholesale beef prices.

Lindholm said he believes market behavior itself supports those allegations.

He pointed to the Trump administration's approval of roughly 2 million additional pounds of beef imports from Argentina, saying a significant increase in imported beef should have softened domestic prices if the market were functioning normally.

"By all expectations, having an insane amount of beef imported from a country should have moved the beef prices here. It did not," Lindholm said. "Some might call that a conspiracy. But the proof is there. You can see it in the market."

[{"type":"text","marks":[{"type":"bold"}],"text":"More Harm Than Good?"}]

Eisele, however, questioned whether repeated class-action lawsuits are driven more by financial incentives than by wrongdoing.

If plaintiffs prevail, attorneys could receive more than one-third of any award, he noted.

[{"type":"text","text":"Activists often follow the same pattern of suing and settling, he said."}]

He suggested that previous settlements, including one involving JBS, reflected business decisions rather than admissions of wrongdoing.

[{"type":"text","text":"\"It was a pressure point,\" he said."}]

Meanwhile, Eisele worries the industry faces another challenge altogether: shrinking cattle supplies.

Some large packing plants are already slowing production or closing facilities because there simply aren't enough cattle moving through the system, he said.

"Cattle producers need to be real careful of what they wish for," Eisele said.

If additional plants close, ranchers could find themselves with even fewer places to process cattle.

"We're starting to paint ourselves into a dangerous corner on this," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"A Difficult Case To Win"}]

Even if the allegations are justified, Driskill said he believes proving them in court will be difficult.

"They have deep pockets," he said of the meatpackers. "They're going to have the better lawyers."

Price-fixing cases are notoriously difficult because plaintiffs must show competitors acted together rather than making similar business decisions independently.

Regardless of the lawsuit's outcome, Driskill said Congress should revisit the Packers and Stockyards Act to strengthen protections for independent producers and smaller regional packing plants.

He would also like to see policymakers encourage enough competition to return the industry to something closer to the days when 10 or 12 significant packers competed for cattle.

"Let's break it up and get rid of these huge multinational conglomerates," he said.

Lindholm said the only way to do that is to look at the existing regulatory structure. The Federal Meat Inspection Act currently blocks states from controlling the meatpacking industry.

“What is allowing these big four to capture so much (business) under one umbrella?” Lindholm said. “That’s the key … Congress needs to go break the back of the packers.”

Driskill added that only a substantial financial penalty would change corporate behavior.

"A $30 million fine on a $10 billion company is like me getting a 10-cent speeding ticket," he said. "I would just pay the ticket and be on my way."

Cowboy State Daily reached out to JBS, Tyson Foods, Cargill and National Beef for comment. None had responded by publication.

Lindholm 7 30 26

<title>Federal Judge OKs Cattle And Beef Price-Fixing Suit Against 'Big Four' Meatpackers | Cowboy State Daily</title>

A federal judge has OK'd a class-action price-fixing lawsuit against the nation’s four largest meatpackers. "The packers have controlled the destiny of beef for decades," Crook County rancher Tyler Lindholm said. "People are starting to push back."

Federal Judge OKs Cattle And Beef Price-Fixing Suit Against 'Big Four' Meatpackers

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Public Safety

A motorcyclist has died after an accident on the Beartooth Highway on Thursday morning.

Information acquired via WyoLink confirmed that a motorcycle incident was reported near the junction of U.S. 212 and Wyoming Highway 296, the Chief Joseph Scenic Highway, around 10 a.m..

Details of the incident are still unclear, but one communication mentioned an individual was “down an embankment.”

A First Flight of Wyoming helicopter landed near the scene at 11:15 a.m. By then, first responders had been doing CPR on the victim for more than 50 minutes.

[{"type":"text","text":"By 11:22 a.m., a coroner from Red Lodge, Montana, was on the scene."}]

[{"type":"text","text":"No additional information was available as of noon."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Multiple Confirmations"}]

[{"type":"text","text":"Cowboy State Daily confirmed this information through multiple sources."}]

Cowboy State Daily has confirmed that a motorcyclist died in an accident Thursday on the Beartooth Highway near the junction of U.S. 212 and WY 296. This comes after growing concerns about motorcycle safety on the Beartooth and Chief Joseph passes.

Daily Darwin: Sunday, May 21, 2023

More in Daily Darwin

Daily Darwin: Friday, July 31, 2026

Daily Darwin: Thursday, July 30, 2026

Daily Darwin: Wednesday, July 29, 2026

Daily Darwin: Tuesday, July 28, 2026

Most read