Daily Smile

[{"type":"text","text":"Now let's all watch a puppy and a kitten..."}]

Smile 10 5 23

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

<title>Daily Smile: Thursday, October 5, 2023 | Cowboy State Daily</title>

Now let's all watch a puppy and a kitten...

Daily Smile: Thursday, October 5, 2023

 Now let's all watch a puppy and a kitten...

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

Clair McFarland

Government & Politics

Legislature

A Wyoming state lawmaker pleaded guilty Wednesday to driving drunk in Buffalo in late December, and was sentenced to probation and a $500 fine.

Rep. Bill Allemand, R-Midwest, took a plea agreement offered by Johnson County Deputy Attorney Joshua Stensaas, and gave his guilty plea in Buffalo Circuit Court at a Wednesday hearing.

He was arrested Dec. 28 in Buffalo. Stensaas has said Allemand’s blood-alcohol concentration was 0.24%. That figure is contested, Buffalo Circuit Court Magistrate Judge Jeremy Kisling noted during the Wednesday hearing.

A flurry of disputes over the chemical blood test were still in play when Allemand’s case settled.

Kisling sentenced Allemand to 90 days in jail — less the two he served when arrested — but suspended that sentence in favor of one year of unsupervised probation.

That means Allemand has a year of probation ahead of him, and if he fails probation, he may be sentenced to the remaining 88 days in jail.

For the first six months’ probation Allemand is required to submit to chemical testing between once and twice a month. He could be tested upon a law enforcement officer’s reasonable articulable suspicion as well, Kisling noted.

Under probation, Allemand is also required to stay out of bars and liquor stores, not violate any laws, complete his counseling or treatment as recommended, and pay his fines and fees. 

Kisling fined Allemand $500 but said he’d credit up to $200 upon a showing that Allemand had purchased a treatment evaluation as required.  

Kisling imposed other costs and fees: $70 in court costs, $150 for victim’s crime compensation fund, and $50 for the drug court surcharge.

Stensaas had recommended those terms, except he left the potential jail sentence length open to the judge’s discretion. 

Both the prosecutor and the magistrate said they were working to treat this case like any other first-time DUI featuring a high blood-alcohol concentration.

“Mr. Allemand I know there’s been a lot of to-do around this, and at the end of the day this court ignores the to-do,” said Kisling, adding that he’s treating this case like others of its nature.

He said he wishes Allemand luck, recognizes he’s working on the alcohol issue.

“Continue to maintain that sobriety… and put this behind you,” said Kisling.

[{"type":"text","text":"Allemand did not give a speech when it was his chance."}]

He did not immediately respond to a late-day voicemail request for comment after the hearing.

Allemand is running against Bar Nunn Mayor Peter Boyer for the GOP nomination at the Aug. 18 primary election. 

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

At the same hearing Wednesday, Allemand’s attorney Mike Vang pleaded not guilty to a separate charge alleging 

Kisling ordered Vang to appear in court Wednesday to answer why he missed a hearing that had been set for July 8, where Vang had been slated to argue his claims that the prosecutor deprived him of key evidence.

Stensaas has called those claims false. He recommended another contempt charge Wednesday due to the “heavy interplay” amid those claims, and said “that may be something that is filed.”

But Kisling said as far as the judge’s contempt action — which a court can advance — he’ll stick with a series of other issues he deemed problematic. Those were, according to Kisling:

• Vang appeared three minutes late and in a blue T-shirt for a January virtual hearing;

[{"type":"text","text":"• Vang missed the July 8 in-person-only hearing;"}]

• When asking to reschedule his July 15 contempt hearing, Vang cited a conflicting hearing in Albany County’s Laramie Circuit Court that was not actually set;

• Kisling had earlier issued an order telling counsel to be prepared and exercise due diligence in discovery, “but in summary, all orders would be taken seriously.”

Kisling noted that in light of a Wyoming Supreme Court case on these types of cases, he’d start a new criminal case, apart from Allemand’s case, for the contempt proceedings.

Vang said he’ll hire an attorney in this matter, and Kisling said he doesn’t need to set a bond for Vang.

“I can tell you I’ve never been in these shoes, so it’s not something I’ve dealt with," said Kisling, who had earlier said this action gives him “no pleasure.”

Vang had raised a protest in one of his motions, against the Johnson County Sheriff's Office's release of Deputy Caleb Campbell's body camera video of Allemand's arrest - days after Kisling ruled that 12 minutes of it 

couldn't be part of the prosecutor's main case.

[{"type":"text","text":"That issue remains unsettled since Allemand's case is concluded. "}]

Campbell had stopped Allemand on claims that after stopping at a stop sign just off Interstate 25, Allemand lurched forward, nearly hit another vehicle, then stopped abruptly.

This, coupled with the evidence that Allemand was the subject of a drunk driving report by another driver on the Interstate near Buffalo, made for enough evidence to justify Campbell’s stop, Kisling ruled earlier.

Campbell spotted a gun on Allemand's truck seat and handcuffed the man during the traffic stop over what he cast during a March court hearing as officer safety concerns. 

That was appropriate, Kisling had ruled. But Campbell also asked Allemand potentially incriminating questions while Allemand was confined, but without having given Allemand his Miranda rights. 

That's why those 12 minutes of video, spanning the time Allemand was confined but not Mirandized, could not be part of the prosecutor's main case at trial, Kisling ruled in June. 

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

Campbell’s affidavit says Allemand was driving a blue 2016 Toyota Tacoma with Wyoming plates, and that it was towed after the interaction.

The deputy wrote that Allemand had almost struck a vehicle approaching from the west, and that he’d abruptly stopped prior to impact.

When Campbell contacted Allemand, the deputy noted an 

n the center console, a loaded pistol, and four more unopened beers on the front passenger seat, the document says.

[{"type":"text","text":"Once Allemand was out of the car, Campbell observed what he described as:"}]

[{"type":"text","text":"• Glassed-over eyes"}]

[{"type":"text","text":"• Slurred speech"}]

[{"type":"text","text":"• Poor manual dexterity"}]

[{"type":"text","text":"• Poor balance"}]

[{"type":"text","text":"• Belligerent attitude"}]

[{"type":"text","text":"• Difficulty with instructions"}]

[{"type":"text","text":"• Slowness in responding to questions"}]

[{"type":"text","text":"• Incoherent speech\/wording"}]

[{"type":"text","text":"• Loud speech\/shouting"}]

[{"type":"text","text":"Allemand reported he’d had two knee replacements, added the deputy. "}]

During a field sobriety test - which Allemand attempted after released from the handcuffs Campbell had reportedly applied for officer safety concerns - “driver lost balance multiple times and almost fell,” wrote Campbell. “At this time I stopped the test due to safety concerns for the driver.”

The document says Allemand was arrested and had “significant difficulty getting in and out of patrol vehicle requiring Deputy to support the driver as to not let him fall.”

Campbell wrote that he requested a magistrate-signed warrant for chemical testing.

Now in his second term, Allemand has served in the state Legislature since 2023. He is a member of the Wyoming Freedom Caucus and sits on the House's most powerful committee in terms of influencing the budget: House Appropriations. 

[{"type":"text","text":"He's also on the House Rules and Procedure Committee. "}]

He has been a vocal opponent of government subsidies for a nuclear energy project whose company had been considering the Bar Nunn area for a facility. 

Allemand inset 7 15 26

<title>Rep. Bill Allemand Pleads Guilty To DUI, Gets Probation And $500 Fine | Cowboy State Daily</title>

 Wyoming state Rep. Bill Allemand pleaded guilty to DUI in court Wednesday and was given one year probation and fined $500. He faces 88 days in jail if he fails probation. 

Rep. Bill Allemand Pleads Guilty To DUI, Gets Probation And $500 Fine

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

Andrew Rossi

Outdoors

Wildlife

Yellowstone National Park will spare the life of the bison that 

 hurt Washington state resident Carl Isom-McDaniel, 65, at the Bridge Bay Campground on Friday.

 that “no management action” will be taken against the bull bison that tossed McDaniel 8 feet into the air during an aggressive 

That means the bison won’t be relocated or euthanized. It will live the rest of its natural life safely inside Yellowstone.

Yellowstone officials didn’t respond to multiple Cowboy State Daily requests to confirm TMZ’s report.

Yellowstone officials rarely take management action against wildlife that injures visitors unless the offending animal shows signs of habituated behavior. The actions of wildlife are often seen as natural responses rather than deliberate acts of aggression.

Even grizzlies that attack and seriously injure park guests usually get off the hook, so long as the attack was determined to be a natural behavior, like defending cubs or a food source.

Identifying just which bison tossed the Washington man also could be extremely difficult after the fact.

Both McDaniel and the bison have been under scrutiny for their actions during the encounter. While Yellowstone is giving the bison a pass, many people are acknowledging that McDaniel wasn’t at fault, either.

McDaniel supports the decision to not euthanize the bison, expressing his desire that the bison not be penalized or euthanized for injuring him.

“(The bison) was right on top of me,” 

. “He could have stomped on me. He could have gored me. He could have done almost anything to take my life, but he did not do so.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Reading The Bison Book"}]

Ecologist and bison expert George Wuerthner reviewed the video of McDaniel’s encounter with the bison. Based on the bison’s behavior during and leading up to the toss, he commended McDaniel for how he handled the encounter.

“He couldn’t have done much to prevent that charge,” he told Cowboy State Daily. “I don’t know if I would have done any better.”

Bison, like many animals, have recognizable behavioral patterns that indicate their moods. Experienced biologists and photographers can, essentially, read a bison’s mind by analyzing its body language and movements.

[{"type":"text","text":"In this instance, the bull bison’s behavior was easy to read. "}]

It was highly agitated and looking for a fight before McDaniel and his 13-year-old grandson were even in its line of sight.

“If you notice, the bull had its tail up in the air,” Wuerthner said. “That indicates that it was very agitated. It’s a behavior that bison do with other bison, and the other bison know what it means.”

What agitated the bison? People have speculated about everything from the movements of a white pickup driving by to being teased by other tourists before charging and tossing McDaniel.

Wuerthner has a simpler, more natural explanation. Heat, environmentally and biologically.

“The rut is on,” he said. “When bull bison are going through the rut, their hormones are going, and they’re much more agitated in general.”

According to the National Park Service, Yellowstone’s bison reach the peak of the rut in July and August. During that time, males display their dominance by bellowing, wallowing, and picking fights with other bulls that occasionally turn lethal.

This aggression is driven by hormones and instinct. The dominant males get to mate with the most females.

the photographer who filmed McDaniel’s encounter 

with the bison, also understands bison behavior. He said the incident he observed was “weird.”

“If you've been around bison for a while, you know what to expect from these guys at this time of year,” he said. “This changed my idea of what to expect, because I would not have predicted that happening.”

In this heightened state, it doesn’t take much to provoke the wrath of a bull bison. Sometimes, it takes nothing at all.

However, MacLeod knew McDaniel wouldn't want the bison to suffer for its actions. 

"He didn’t want the bison killed,” he said. “Sometimes, they put animals down for these things, for animals being themselves, and Carl didn’t want that.”

[{"type":"text","marks":[{"type":"bold"}],"text":"What To Do Differently?"}]

After viewing the video captured by MacLeod, Wuerthner doesn’t fault McDaniel for anything he did to avoid serious injury, even if it ended with him being seriously injured.

“He was right trying to get into that little grove of trees,” he said. “He probably wasn't thinking this way at the time, but I would have tried to climb one of those trees to prevent the bison from getting to him.”

A possible alternative might have been getting into one of the nearby vehicles in the Bridge Bay Campground. However, people don’t instinctively jump into a stranger’s vehicle, even when making life-or-death, on-the-spot decisions.

Many people have said that McDaniel was too close to the bison, and that prompted the attack.

 MacLeod has repeatedly denied this, saying McDaniel and his grandson were far beyond the 25-yard minimum Yellowstone asks people to keep between themselves and bison, elk, and other large herbivores.

Wuerthner agreed, while adding that the distance wouldn’t have made much difference.

“Bison are incredibly fast,” he said, adding that, “25 yards is a safe distance, but that doesn’t mean it’s completely safe. Even bears are happy to come up to people and quickly cross  100 yards if there’s some reason they might want to.”

However, there’s another factor to consider. McDaniel was simultaneously trying to avoid the bison while deliberately keeping its attention.

According to MacLeod, McDaniel’s priority was protecting his grandson. 

To do this, he told his grandson to run while he kept the bison’s attention by running into and around the trees.

“He led the bison on that wild goose chase to keep him away from his grandson,” he said.

[{"type":"text","text":"To that end, he was successful. McDaniel’s grandson was unharmed."}]

Given these circumstances, it’s hard to fault McDaniel for anything he did or didn’t do, Wuerthner said. He made several split-second decisions that were the best decisions given the circumstances.

“I don't know how much people will do and are willing to do, especially if they’re unaware of how dangerous the bison can be under certain circumstances,” he said. “There isn’t much more he could have done.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Safety Never Guaranteed"}]

After the incident, McDaniel was hospitalized in critical condition with his right femur broken in four places. He’s undergone surgery and is 

Wuerthner knows how bison can break their own patterns of behavior and do unpredictable things, especially during the rut. He speaks from experience.

“One summer, I hiked up a small ridge in the open grasslands of Lamar Valley,” he said. “Suddenly, this bison herd started coming right towards me and split up. I literally could have reached out on either side and touched bison. They were less than 4 feet away, on their side.”

Wuerthner wasn’t hurt, but admittedly was “scared of an attack” as the bison passed by. Even so, he had been more than 25 yards away from the nearest bison when the whole herd decided to move in his direction.

Most human-bison incidents happen when someone gets too close to a bison, deliberately or accidentally.

In this instance, Wuerthner has joined many others in exonerating McDaniel. Still, he feels there’s a valuable lesson to be learned from the experience.

“People tend to look at the wildlife in Yellowstone like they would if they were at a zoo,” he said. “Those animals are accustomed to people, but that doesn't negate their natural, wild tendencies. And, in their wild conditions, Yellowstone’s wildlife will react differently than an animal in the zoo.”

He also had a tidbit of wisdom based on the human behavior he’s observed in Yellowstone: there’s no protection across the road.

“People think it’s safe on the side of the road because the wildlife knows they’re not supposed to be there,” he said. “I see it all the time. Roads are for human occupation, and off-road is for wildlife.”

Twenty-five yards is the “safe” distance Yellowstone tourists are asked to keep between themselves and bison. Most of the time, it’s a completely safe distance, but McDaniel’s bison encounter shows that safety should never be taken for granted.

“More people get hurt by bison than by any other animal in Yellowstone,” Wuerthner said. “That’s partly because people underestimate how bison will react when they approach and how quickly they can respond. People need to know that they’re dangerous.”

Bison throw composite 7 15 26

<title>Yellowstone Won’t Kill Angry Bison That Tossed, Seriously Hurt Man At Campground | Cowboy State Daily</title>

Yellowstone National Park will spare the life of the bison that seriously hurt a 65-year-old grandpa from Washington. Park officials said “no management action” will be taken against the bison which means it won’t be relocated or euthanized.

Yellowstone Won’t Kill Angry Bison That Tossed, Seriously Hurt Man At Campground

Kolby fedore

Kolby Fedore

Crime & Courts

Public Safety

A blown tire on a commercial truck appears to be what triggered a crash Wednesday that shut down U.S. Highway 20/26 outside Shoshoni for nearly four hours, leaving motorists stranded in sweltering near 100-degree temperatures while emergency crews cleared the road.

Wyoming Highway Patrol Public Information Officer Aaron Brown said an eastbound semitruck east of Shoshoni traveling toward Casper suffered a tire failure at about 10:30 a.m., causing it to drift into the westbound lane and sideswipe a GMC Yukon. 

Brown said there were no fatalities, though the extent of any injuries was not immediately available because troopers were still working at the scene. 

The highway was closed for nearly four hours as temperatures — expected to hit the high-90s and get near 100 Wednesday — rose while people were stuck behind the crash.

[{"type":"text","marks":[{"type":"bold"}],"text":"Hours In The Heat"}]

Scott Spiess of Lander told Cowboy State Daily he became stuck in the backup around 10 a.m. and remained there for hours.

"It says it's 94 where I'm sitting right now, so it's probably closer to about 98 on the highway," Spiess said while waiting for the road to reopen. "People hauling horses, I would be concerned about their animals."

Spiess said he never saw the collision itself but watched as a large emergency response unfold.

"I do know that they brought in three flatbed wreckers and two semi wreckers, and at one point in time, they had two helicopters and several fire department and police department vehicles on scene,” he said.

Photos shared with Cowboy State Daily show emergency vehicles, a helicopter and heavy-duty wreckers gathered along the highway as traffic stretched into the distance.

Another image shows one of the commercial trucks involved with extensive front-end damage and its engine compartment exposed.

[{"type":"text","marks":[{"type":"bold"}],"text":"Investigation Continues"}]

Brown said the Wyoming Highway Patrol expects to temporarily close the highway again Thursday so investigators can reconstruct the crash and determine exactly what happened.

[{"type":"text","text":"A timeline for that closure has not yet been announced. "}]

[{"type":"text","text":"The crash remains under investigation."}]

Highway 2026 crash Unknown 51 7 15 269

<title>Crash Shuts Down Highway 20/26 Near Shoshoni For Hours In Near 100-Degree Heat | Cowboy State Daily</title>

A blown tire on a semitrailer sent it into the opposite lane, sideswiping a GMC Yukon and closing U.S. 20/26 near Shoshoni for more than four hours Wednesday, stranding motorists in near 100-degree heat. 

Crash Shuts Down Highway 20/26 Near Shoshoni For Hours In Near 100-Degree Heat

Courts

Nearly three weeks after a commercial tanker 

in a construction zone west of Casper, killing two people and injuring eight others, no criminal charges have been filed as a Wyoming Highway Patrol investigation continues.

That isn't stopping a Casper attorney from pursuing the first civil lawsuit stemming from the deadly crash on behalf of a family hurt in the pileup.

The negligence lawsuit, filed Friday in Natrona County District Court, names Ryan Brothers Trucking Inc. and a John Doe defendant, identified as the tanker driver whose identity was not yet known to the plaintiffs when the complaint was filed.

The identity of the truck driver hasn’t been publicly released as the investigation is active, the Wyoming Highway Patrol has said.

Contacted by Cowboy State Daily on Wednesday, WHP spokesman Aaron Brown said the investigation has so far taken weeks because of the sheer amount of evidence investigators must review.

Unlike a typical fatal crash, this one involved a commercial tanker truck and seven other vehicles, which requires investigators to analyze electronic data from the truck and any available from all the civilian vehicles.

“It’s the scale. There’s a ton of data to be coming out of this thing,” Brown said. “We have a ton of data to sift through to try and get this thing done."

The lawsuit was filed on behalf of Makensi Van Patten and Chantry Van Patten, individually and as parents and guardians of their two minor children.

A Wyoming Highway Patrol crash summary reports that the driver of a westbound Western Star tanker truck failed to stop for traffic queued to enter a one-lane construction zone on U.S. Highway 20/26 near mile marker 58.3, striking seven stopped vehicles.

The crash killed James Faris Cox, 74, and Susan Horn Cox, 69, of Golden, Colorado, and injured eight others. The Highway Patrol listed driver inattention as a possible contributing factor.

[{"type":"text","marks":[{"type":"bold"}],"text":"Family Seeks Damages"}]

The lawsuit alleges the tanker driver negligently failed to stop for traffic backed up at the construction zone, triggering the eight-vehicle chain-reaction crash.

It further claims the Van Patten family's Toyota Highlander was struck after the commercial truck plowed into the line of stopped vehicles.

Makensi and Chantry Van Patten, along with their two children, suffered physical injuries in the collision, according to the complaint. 

It also claims the parents and one of the children witnessed another family member suffer serious bodily injury, causing emotional trauma in addition to physical injuries.

The family is seeking compensation for medical expenses, pain and suffering, emotional distress, permanent injuries, loss of enjoyment of life, lost earning capacity and other damages to be determined at trial.

[{"type":"text","marks":[{"type":"bold"}],"text":"'Get This Case Going' "}]

Attorney Dallas Laird, who represents the family along with James Fitzgerald, said the lawsuit was filed to protect his clients' legal rights.

"The lawsuit was filed to get this case going and to preserve my client's rights," Laird told Cowboy State Daily on Wednesday.

Laird said it is too early to determine the full extent of the family's damages.

"We don't know at this point because they're still in treatment, and these are kind of long-term injuries," he said.

Asked what the family hopes to accomplish through the litigation, Laird answered simply: "A settlement of the case."

He added that the complaint could change as additional evidence becomes available.

"Our theory is, at this point, we may have to amend the complaint once we get the Highway Patrol report," Laird said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Fifth Amendment "}]

Among the lawsuit's allegations is that the tanker driver invoked the Fifth Amendment right with law enforcement and declined to answer questions following the crash.

[{"type":"text","text":"\"That was told to me by the Highway Patrol,\" Laird said. "}]

Since the crash, Cowboy State Daily has repeatedly asked about the investigation and the potential for criminal charges to be filed. 

Among the unanswered questions are whether the tanker driver has been cited, arrested or could face criminal charges; whether investigators can confirm the lawsuit's allegation that the driver invoked his Fifth Amendment right against self-incrimination; whether the case has been referred to prosecutors for criminal review; and when investigators expect to conclude the investigation.

The Highway Patrol did not respond except to say the investigation remains active and that it’s complicated and involved nature takes time to complete. 

Cowboy State Daily also reached out to Natrona County District Attorney Dan Itzen to ask whether the case has been submitted for criminal review or whether any charges are anticipated. He also did not respond before publication.

As of Wednesday afternoon, no criminal charges had been announced in connection with the crash.

Ryan Brothers Trucking said that it has "no comment on ongoing litigation at this time."

Double Fatal Crash Go Fund Me 7 15

A family hurt in a crash west of Casper that killed two people when a semitruck plowed into a construction zone is suing the trucking company and the as-yet unidentified truck driver. No criminal charges have yet been filed as an investigation continues.

Daily Smile: Thursday, October 5, 2023

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