One More For The Road

[{"type":"text","text":"It was on this day that Frank vowed to never mow his lawn again..."}]

One more for 10 10 23

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

<title>One More For The Road: Tuesday, October 10, 2023 | Cowboy State Daily</title>

It was on this day that Frank vowed never to mow his lawn again...

One More For The Road: Tuesday, October 10, 2023

 It was on this day that Frank vowed to never mow his lawn again...

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

Andrew Rossi

Outdoors

The Beartooth Highway was closed at 7:45 a.m. Wednesday because of snow and extreme conditions at the highest points of the 10,947-foot-high All-American Road.

As of Friday afternoon, the entire 68.29-mile expanse still wasn’t fully open with no estimated time of reopening. That’s because it was still snowing across northwest Wyoming and southern Montana, with no signs of stopping.

The Montana Department of Transportation (MDOT) posted pictures of deep snowdrifts covering the two-lane mountain pass and several inches of fresh snow across the landscape. The agency told tourists traveling between Wyoming and Montana to take the Chief Joseph Scenic Byway to reach Red Lodge, Montana, and beyond.

[{"type":"text","text":"And, above all else, MDOT posted, “Please do not use map apps.”"}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Not That Late"}]

Cowboy State Daily meteorologist Don Day hadn’t seen any snow totals reported from the Beartooth Highway. Based on pictures and reports out of Yellowstone National Park, he had a reasonable guess of how much snow had fallen at nearly 11,000 feet.

“It's probably in the neighborhood of 3 to 5 inches of snow, with a lot of wind and cold slicking things up,” he said. “There should be a fair amount of wind up there, and it’s chilly enough to make things icy.”

Meanwhile, a Winter Weather Advisory was issued for southern Montana, including the Beartooth Highway, until 9 a.m. Thursday. Additional snowfall of up to 2 inches was anticipated, along with wind gusts as high as 55 mph.

Tourists might be baffled to hit a snow-caused road closure in mid-June, but that’s the reality on the Beartooth Highway. It doesn’t happen frequently, but it does often enough, and sometimes even later in the summer.

“It snows every month of the year up there,” Day said. “I can remember some Fourth of July where they've had snow-related issues on the Beartooth Highway.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Its Own Climate"}]

Day believes people underestimate the elevation changes they experience when exploring northwest Wyoming. Drivers ascend from 5,200 feet to 10,947 feet in just 12 miles.

The Beartooth Highway sits at the northern edge of the Yellowstone Plateau, a massive landform that covers northwest Wyoming and southern Montana. An area that vast, high, and rugged is its own environment

“If you’re entering from the east, you go from the steppe desert of the Bighorn Basin to the cool, lush forests of Yellowstone, to a high-elevation mountain terrain very quickly,” Day said. “That terrain lifts the atmosphere and makes its own weather.”

It’s not uncommon for people to be driving through triple-digit temperatures in Cody, Greybull, and Lovell only to find snow flurries at the highest point of the Beartooth Highway later that day.

[{"type":"text","text":"The Beartooth Highway wasn’t the only road closed by snow."}]

Yellowstone’s Dunraven Pass and Craig Pass, a section of the Grand Loop Road between the West Thumb Geyser Basin and Old Faithful, were closed to all travel on Tuesday night due to winter weather. Both corridors were reopened by 8 a.m. Wednesday.

Then, Craig Pass was closed again at 3:30 p.m. Wednesday due to “adverse road and weather conditions.”  The entire park was covered with snow by Wednesday afternoon.

The National Weather Service (NWS) was anticipating snow showers all day Wednesday on the Beartooth Pass, with wind gusts as high as 28 mph. Daytime highs were in the 30s.

While astonishing to many, especially tourists, Day wasn’t surprised to see snow closing the Beartooth Highway. He was reminded how inhospitable the mountains can be, regardless of the season.

“I got a note from a guy who remembers treating people for frostbite in Rocky Mountain National Park in June 1976,” he said. “We tend to get these June patterns, and there’s another one coming.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Anticipated Closure?"}]

Plowing the Beartooth Highway is handled jointly by MDOT and the National Park Service. Both agencies had plows ready to clear the highway, but it’s still a day-long effort to get the road safe for vehicles, including massive RVs and tour buses.

The road-closing snow on Wednesday was caused by 

 that moved into Wyoming earlier this week. If that was enough to close the high-elevation highway, Day suspects we aren’t out of the woods yet.

“There’s another one of these coming in over the weekend,” he said. “As we reach Sunday night and go into Monday, they very well might get snowed on again. “

The NWS anticipates a mix of rain and snow showers on the Beartooth Highway starting Saturday and continuing through Sunday. Overnight temperatures could get as low as 28 degrees above 9,000 feet, which is enough to turn rain into snow and ice.

Day isn’t making any promises or predications, but he shared a word of caution. Anyone planning a trek over the Beartooths this weekend might want to reconsider or be prepared to stop, slide, and possibly get stuck.

“That part of Wyoming and Montana is going to be susceptible to cold fronts for another week or so,” he said. “It's going to be really chilly and wet in Yellowstone this weekend, and there’s going to be more weather next week.”

That’s the nature of the beast on the Beartooth Highway, Yellowstone, and northwest Wyoming. When it comes to snow, you’re never really out of the woods, even in summer.

[{"type":"text","text":"Tourists and residents need to dress and drive accordingly. "}]

Beartooth snow 6 10 26

<title>Beartooth Highway Still Closed Because Of Snow: 'Do Not Use Map Apps' | Cowboy State Daily</title>

More than 69 miles of the Beartooth Highway are still closed because of a late spring snowstorm in southern Montana. Road officials warned motorists not to use “map apps” as people have become stranded like a German couple who got lost in Wyoming. 

Beartooth Highway Still Closed Because Of Snow: 'Do Not Use Map Apps'

Employee kate meadows cropped

Kate Meadows

Government & Politics

Education

A state investigation into Sweetwater County School District No. 1's special education program found it out of compliance in four of five major areas reviewed.

The probe uncovered problems that ranged from staffing shortages and unlicensed personnel to failures in implementing student education plans and involving parents in key decisions.

"This wasn't a failure by just one person. This is a systemic failure," said former Sweetwater County School District No. 1 board member Cole Seppie.

A 29-page report released this week by the Wyoming Department of Education (WDE) found the district violated requirements to:

• Provide special education and related services through properly credentialed professionals.

• Deliver services in accordance with students' Individualized Education Programs (IEPs).

• Educate students in the least restrictive environment possible alongside their nondisabled peers.

• Give parents meaningful opportunities to participate in the IEP process.

The district was found compliant only in the area of student confidentiality.

Cowboy State Daily reached out to district Superintendent Dr. Joseph Libby and school board Chairman Cole Wright for comment. 

[{"type":"text","text":"Wright said in a text message that Libby is on vacation."}]

"Consequently, I can tell you that we have received the WDE report," Wright said. 

He added that the district is reviewing the findings and recommendations and will consider options upon Libby's return.

[{"type":"text","text":"What Was Found"}]

The WDE conducted a five-day special monitoring review in February after receiving complaints and reports of possible noncompliance from parents, current and former staff members, and media accounts. 

Investigators examined records, visited schools, interviewed staff and met with community members.

[{"type":"text","text":"Investigation Revealed Deep Concerns"}]

[{"type":"text","text":"The review focused on five areas:"}]

[{"type":"text","text":"• Employment and supervision of qualified special education staff."}]

[{"type":"text","text":"• Delivery of services outlined in student IEPs."}]

[{"type":"text","text":"• Compliance with least restrictive environment requirements."}]

[{"type":"text","text":"• Meaningful parental participation."}]

[{"type":"text","text":"• Protection of confidential student information."}]

Investigators reviewed records from students across all grade levels, schools and disability categories.

Of 145 records selected, 19 could not be accessed through the district's online IEP system, reducing the sample size to 126.

WDE staff visited 15 schools and interviewed 47 employees, including Special Education Director Kayci Arnoldi.

The report describes a culture of mistrust between staff and district administration.

"Staff are terrified of backlash or forced transfers if they speak in opposition of an administrative decision," the report states.

[{"type":"text","text":"Community listening sessions also revealed widespread concerns. "}]

Of at least 45 community members who participated, 18 raised issues related to staffing, qualifications, turnover, reliance on substitute teachers and insufficient training. 

Another 17 concerns centered on IEP compliance and what the report described as administrative overreach in special education decisions.

[{"type":"text","marks":[{"type":"bold"}],"text":"Staffing Shortages And Unlicensed Personnel"}]

As of June 8, the district's website listed 27 open special education teaching and provider positions.

“I’m completely appalled at how many openings we’ve had,” said Rachel Seppie, Cole Seppie’s wife.

During the monitoring review, investigators reported that Arnoldi was unable to identify how many special education vacancies existed at any given time.

"The director considered adequate staffing to be the responsibility of the Human Resources Department rather than special education leadership," the report states.

“When you have the special education director calling for HR, that poses questions, when you don’t know how many positions are open in your staff,” said Kari Cochran, a parent in the district.

The WDE also found what it described as a districtwide practice of allowing unlicensed personnel to provide special education services without adequate supervision.

Investigators identified 30 unlicensed teachers or providers working in special education roles. 

More than one-quarter of the student files reviewed showed services being delivered by individuals who lacked the credentials required to provide specialized instruction or related services.

As of the report date, 18 long-term substitute teachers remained in positions serving students with disabilities.

According to the report, many teachers told investigators that long-term substitutes and educators working under exception authorizations were planning lessons, delivering instruction, assigning grades and monitoring student progress without appropriate supervision.

"In many IEPs, the unlicensed teacher or provider reported progress towards IEP goals," the report states.

[{"type":"text","marks":[{"type":"bold"}],"text":"Students Not Receiving Required Services"}]

The report found that 60% of reviewed student records showed services were not being delivered in accordance with students' IEPs.

Investigators learned that the amount of special education time students received was often determined by class schedules rather than the service levels specified in their individualized plans.

In some cases, that practice limited students' opportunities to learn alongside nondisabled peers.

The WDE cited staffing shortages, insufficient understanding of federal special education requirements and a lack of oversight as contributing factors.

The district was also found to be out of compliance with the federal requirement that students with disabilities be educated alongside nondisabled students whenever appropriate.

According to the report, those findings point to a misunderstanding of least restrictive environment requirements and a lack of district oversight.

[{"type":"text","marks":[{"type":"bold"}],"text":"Parents Left Out Of The Process"}]

Nearly half — 47% — of the student records reviewed contained evidence that parents were denied meaningful participation in the IEP process.

The report found little evidence that meetings were scheduled at mutually agreed-upon times. In many cases, records showed no documented contact with parents before meeting notices were sent.

Investigators also found that students were receiving services from unlicensed personnel without the credentials or supervision required under federal law, an issue that appeared in roughly 54% of the noncompliant records examined in this category.

As a result, the WDE concluded the district violated requirements guaranteeing parents meaningful opportunities to participate in decisions about their children's education.

[{"type":"text","marks":[{"type":"bold"}],"text":"One Year To Correct Problems"}]

The district has 30 days from the report date to challenge any findings by submitting additional evidence.

Once the report becomes final, the district will have one year to correct all identified areas of noncompliance. A corrective action plan is expected to be finalized within 30 days after the report is finalized.

For Cochran, the report confirms concerns that many families have raised for years.

"We do have issues, but our leadership refuses to acknowledge them," Cochran said, describing what she sees as one of the district's biggest challenges.

[{"type":"text","text":"Rachel Seppie agreed."}]

[{"type":"text","text":"\"Seeing it in writing affirms that there are facts,\" she said."}]

For the Seppies, whose son receives special education services, the findings were disappointing but not entirely unexpected.

"We had seen some of these problems with our child when I was a board member," Cole Seppie said. "To realize this is a more systemic problem makes me incredibly disappointed."

He said he believes most teachers and service providers are working hard under difficult circumstances.

"A vast majority of the teachers and providers are generally trying to do a good job," he said. "But when the administration and supervisors are not living up to the standards that they should, you're stuck in a bad system."

Rachel Seppie said the report validates concerns parents have repeatedly raised with district leaders.

"All these things have been identified multiple times," she said. "No one's been listening to the parents."

Seeing the state's findings laid out in writing was both frustrating and affirming, she added.

Sweetwater County School District 1 2

<title>State Finds Major Special Ed Failures In Sweetwater County School District 1 | Cowboy State Daily</title>

A state investigation found widespread failures with Sweetwater County School District 1’s special ed program and gave it a year to correct them. "This wasn't a failure by just one person. This is a systemic failure," said a former school board member.

State Finds Major Special Ed Failures In Sweetwater County School District 1

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

Energy

Robert Kissel moved from Denver to get away from noise, settling on a ranchette along Horse Creek Road northwest of Cheyenne. 

Until now, the historically rural, agricultural neighborhood has delivered on the promise of peace and quiet. It’s a place where nobody has to talk to anybody for days, if they don’t want to, Kissel likes to joke.

It seems that his reprieve from Colorado noise may be much more short-lived than hoped. 

Kissel has learned recently that Black Hills Energy has bought a 935-acre piece of land for what he described as a “huge” natural gas power plant with onsite battery storage, according to notices sent to adjacent landowners. 

The project will trigger a multi-year Wyoming Industrial Siting Division review process, even as Black Hills Energy pursues a multibillion-dollar merger with Northwestern Energy. 

Kissel learned of the project from a neighbor who received a notice from the company. The notices went out only to adjacent landowners, inviting them to an information forum.

Kissel himself didn’t receive one of the invitations, though he lives nearby. But he decided to go to the meeting anyway to learn what he could, as did several other landowners in the area who did not receive notices.

“It was a very contentious meeting,” Kissel said. “Not one of the 40 or so who came were in support.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Historic Ranch Community"}]

For decades, Horse Creek has been known as a historic agricultural community. Big land deals usually meant one rancher quietly buying another rancher’s pasture to grow more livestock.

Lately, however, Horse Creek has been attracting deals of a very different nature. 

Real estate agent Wendy Volk, who is a member of the historic Dereemer Ranch family, said even she has been shocked by the “magnitude of what’s coming to southeast Wyoming.” 

In 31 years of selling property, Volk said she’s never seen anything like it.

“Times are changing in a lot of places,” she said. “But boy, for being the least populated place, it feels like we have a target on our — I mean it feels like we’re just inviting people to come in and exploit our resources.”

Because large tracts of land are available, Horse Creek has become a nexus for some of these larger deals, Volk said.

Just recently, for example, the Laramie County Planning Commission and the Laramie County Board of County Commissioners approved a rock quarry expansion.

Then there was the Laramie Range Wind Project, which proposed building 170 wind turbines adjacent to Volk’s property. 

Volk has spoken publicly against the project, which she said has become part of a swath of wind turbines cutting across a 200-mile swath of Wyoming. 

Laramie County commissioners have so far denied the company’s application — though the company is appealing that decision. 

Before that, there was also a proposed bitcoin mining operation that tried to locate in the area, Kissel said. The community banded together and hired an attorney to fight that, too.

Volk worries that such large-scale industrial projects will permanently change the historic character of the Horse Creek neighborhood and price traditional ranchers and local builders out of the market for workable land.

“I’m not against economic development,” she said. “But I want to make sure we’re doing it wisely, that we’ve got a plan, and that this is part of a big-picture plan, because you know that somebody at these multinational companies has a plan.

"They’re looking at this at the 30,000-foot level.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Closed-Door Meeting"}]

Black Hills Energy did not respond to Cowboy State Daily’s requests for more information about the project, but said it’s committed to following all applicable regulatory requirements. 

"We are in the early stages of planning for a potential generation project and beginning to meet with landowners directly adjacent to the property,” an emailed statement said. "As a regulated public utility, we will follow all local and state requirements should the project advance. 

"We are committed to stewardship, transparency and public engagement and will provide more information as plans develop."

In the letter sent to Kissel’s neighbor, Black Hills said it “periodically” makes land purchases within its service territory so it can be “ready to serve the growing energy needs of our customers.”

The sale of this tract at 1720 Horse Creek Road was completed earlier in the year for a future power generation project.

“We are committed to being a good neighbor and wanted to take this opportunity to share our preliminary plans with you, so we can address any questions you may have” at an informational meeting Monday night. 

“This meeting is for neighboring landowners only, and will not be open to the public,” the letter added. “We will have members of our Black Hills Energy team on hand to discuss different aspects of our project, including the proposed natural gas generation and battery storage technologies under consideration for the site.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Lengthy Permitting Process"}]

Cowboy State Daily asked to attend the meeting but was denied. 

In a recording of a portion of the meeting obtained by Cowboy State Daily, a Black Hills Energy official says the company plans future open houses in October, at which time it will disclose additional work that will be happening at the site, as well as the different requirements of its permits. 

“That starts the clock ticking,” the representative is heard saying on the recording. “We have at least 60 days to collect comments, respond to comments, and then, eventually, after 60 days we have the option for sending in a permit application to the state.”

The state’s review process typically takes 20 days, after which the company will respond to comments as they arrive to the Department of Environmental Quality. 

“After that’s done, then we can start meeting with the Industrial Siting Committee after that … so it’s a very lengthy process,” the representative said.

Timeline wise, Black Hills Energy officials estimated it would be two years before the company could break ground on the project, assuming its permits are approved.

The battery storage is particularly concerning to Kissel. 

In his mind, he said that, “The only reason you’d do that is to put a data center there, to power it."

Black Hills Energy has not confirmed any data centers for the site. Battery storage is increasingly paired with many kinds of power generation, not just server farms. 

Still, the lack of detail about the project has unnerved Kissel and his neighbors, given the influx of between 43 to 70 potential data centers in Laramie County, depending on which estimates one uses.

Kissel said he and other residents were told the project is in preliminary stages, and thus too new to share any details, including the size and scope of the project.

Any future permit applications would have to outline water use, emissions, and other impacts in more detail.

In any case, Kissel feels that the Horse Creek neighborhood is an odd choice for either power generation or a data center.

“This is a rural residential area with many expensive homes with 5- to 40-acre parcels,” he said. “There are no commercially zoned sites for miles in any direction.”

There are also no natural gas wells anywhere nearby, he said. 

“Water for cooling would have to come from aquifers in such quantities it could affect domestic wells for many miles around,” he said, adding that areas south and east of town are closer to a suitable fiber optic trunk line.

“We’re a long ways from having a connection that powerful up here,” he said. “So it just doesn’t make a whole lot of sense, but they’re looking for big pieces of ground for cheap money.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Utility With Big Ambitions"}]

With Black Hills Energy in the midst of a $15.4 billion merger with Montana’s largest monopoly utility, Northwestern Energy, some Horse Creek residents worry that they’re no longer dealing with just a local utility company that they know well, but a much larger, multi-state corporation that is viewing their community as just another convenient spot on a regional power grid. 

The merger between the two companies has been proceeding on schedule so far, with shareholders approving the all-stock, tax-free merger deal in April. 

The expected closing is sometime in the latter half of 2026, subject to regulatory approvals.

The new combined company is to be named Bright Horizon Energy Corp. and will be headquartered in South Dakota.  Black Hills will own 56% of the new company, while Northwestern will own the remaining 44%. 

According to information on Northwestern Energy’s website about the merger, the combined company expects to serve 2.1 million customers across eight contiguous states. 

The size and scale of the new company is expected to help drive operating and cost optimization across the combined enterprise.

The investment plans for the combined company from 2025 to 2029 exceeds $7 billion, and will focus on growing critical infrastructure to meet rising energy demands, while ensuring competitive rates for customers. The target growth rate is between 5% to 7% — more than either company could do alone.

No single jurisdiction within the company’s combined territory, which includes Wyoming, will represent more than one-third of the company’s business.

Horse Creek Road Exit 6 10 26

<title>Not In Our Backyard: Rural Cheyenne Residents Don’t Want Black Hills Gas Plant | Cowboy State Daily</title>

A rural neighborhood north of Cheyenne told Black Hills Energy it doesn't want a planned natural gas power plant during "a very contentious” local-only meeting this week. “The only reason you’d do that is to put a data center there,” said one resident.

Not In Our Backyard: Rural Cheyenne Residents Don’t Want Black Hills Gas Plant

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

Greg Johnson

Crime & Courts

Courts

CHEYENNE — A 57-year-old woman charged with first-degree murder in the death of a newborn boy in early 1988 repeatedly told investigators she was never pregnant around that time, despite DNA testing showing it’s 1.97 million times more likely she’s the baby’s mother than anyone else.

 Cheyenne resident Eva Martinez was arrested Tuesday on suspicion of first-degree murder in the death of who has become known over the past 38 years as “Baby John Doe,” whose body was gruesomely discovered Feb. 28, 1988, near a culvert off a county road, according to court documents.

She made her first appearance in Laramie County Circuit Court on Wednesday morning, where was advised that first-degree murder carries penalties of life in prison or death.

Wearing solid dark-brown scrubs top and wide white-and-orange striped pants, she simply answered “yes” when Circuit Court Judge Antoinette Williams asked if she understood the charge against her, and again when asked if she wanted a public defender.

While the grisly discovery of the boy’s body happened more than 38 years ago, it wasn’t until 2021 that advanced DNA testing allowed investigators to advance the case and identify Martinez as the boy’s probable mother, according to an affidavit of probable cause written by Detective Sgt. Ryan Martinez of the LCSO (no relation).

When first interviewed by detectives on Dec. 22, 2025, Martinez “repeatedly denied knowing anything about Baby John Doe or having any children or pregnancies around that time frame,” the affidavit says.

It was during that interview that a sample of her DNA was taken, and when she was interviewed again months later after results showed the strong probability of her being Baby John Doe’s mother, she maintained her first story, according to the affidavit.

“She denied having any knowledge of Baby John Doe, having knowledge of anyone else who was responsible for Baby John Doe’s death, or why Baby John Doe’s body was placed in the culvert at Happy Jack Road and McKinney Drive,” the affidavit continues.

A 57-year-old woman who was arrested Tuesday and charged with first-degree murder in the death of a newborn boy in early 1988 repeatedly claimed the baby wasn’t hers. Investigators say DNA testing shows it’s 1.97 million times more likely she’s the baby’s mother than anyone else.

One More For The Road: Tuesday, October 10, 2023

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