One More For The Road

[{"type":"text","text":"We've all been there..."}]

One more for 1 27 24

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<title>One More For The Road: Saturday, January 27, 2024 | Cowboy State Daily</title>

We've all been there...

One More For The Road: Saturday, January 27, 2024

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

Clair McFarland

Crime & Courts

Courts

The transgender Laramie resident who staged a protest 

last summer of Wyoming’s new cross-sex access ban for public restrooms is now waging a self-defense argument in a felony aggravated assault case.

 for using the women’s bathroom in the Wyoming Capitol when a new state law activated banning the practice. 

The ban doesn’t allow for penalties against a transgender person using the women’s bathroom, but allows females aggrieved by that event to sue the state for letting it happen.

About two months later, Kelver was involved in an altercation with a man outside the Crowbar in Laramie. Court documents say that after a verbal clash — the contents of which are disputed — Kelver approached the man.

The man shoved Kelver, who fell to the ground, and Kelver pulled a firearm and chambered a round before pointing the pistol at the man, the affidavit alleges.

This case is ongoing, with Kelver’s attorney Andrew Holcomb, and Kelver, both promising to pursue a 

Meanwhile, Democratic U.S. Senate candidate James Byrd cast the case as an instance of biased enforcement, and said it highlights the need to reaffirm universal Second Amendment and due process rights for everyone.

“The Kelver case is bigger than one bartender, one crosswalk, and one night in Laramie,” wrote Byrd, who’s also a former legislator, in a Wednesday Facebook post. “It’s a test of whether the Second Amendment means what it says  for everyone.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Kelver Statement"}]

Kelver responded to that claim with cautious statements in a Wednesday phone interview.

“There is a plethora of opportunity for me to be a victim of bias in this, but there’s a lot of evidence we need to address properly, through the legal channels, and kind of go forward with this in a way that is respectful to the legal process,” said Kelver. 

“So I am not intending to make any accusatory statements about how this was handled on the police department’s side or the judicial side at the moment,” Kelver added.

Laramie Police Department Lt. Craig Lenhardt declined Wednesday to comment on the case on the department’s behalf.

Albany County Attorney Kurt Britzius, who is prosecuting this case, did not return an email and phone message request for comment by publication.

[{"type":"text","text":"Kelver delivered another comment via phone."}]

“I fully respect the legal process and intend to address the facts in court, not necessarily anymore in the media,” Kelver said. “I did not go looking for confrontation. I genuinely believed my safety was threatened and my actions were taken in response to that threat.”

Kelver voiced confidence that, “when all the facts are heard in the proper setting it will be clear that this was a defensive response to a frightening situation. I just ask that 

 not rush to judgment based on incomplete information.”

Kelver faces up to 16 years in prison and up to $12,000 in fines if convicted. 

The charges are aggravated assault (up to 10 years in prison and $10,000 in fines), possession of a deadly weapon with unlawful intent (up to five years in prison and $1,000 in fines), and interference with a peace officer (up to one year in jail and $1,000 in fines).

[{"type":"text","marks":[{"type":"bold"}],"text":"First, Court Documents"}]

Kelver was standing outside the Crowbar at about 10 p.m. on Sept. 13, 2025

 an altercation unfolded after a man shouted something about the bar.

[{"type":"text","text":"Most of the other facts of the case are disputed."}]

Laramie Police Department Officer Hunter Rope wrote in an affidavit filed two days later that he, Rope, was called to respond to 2nd and Ivinson streets on a report of a fight and a person drawing a handgun.

[{"type":"text","text":"Rope spoke with Kelver on scene."}]

“Kelver stated they pulled out a knife during the involvement, but did own a firearm supposedly located in her vehicle,” says the affidavit. “Kelver stated they were a transgender woman and Native American.”

Earlier in the evening, Kelver was near that intersection when a man, later identified as Scott Durham, yelled, “Hey, the Crowbar should be closing, you bunch of fa*s,” the affidavit relates from Kelver’s interview.

The affidavit doesn’t list Durham’s full name, but a December court document recounting the county attorney’s office’s efforts to find out if Durham wanted restitution does. That document says Durham did not ask for restitution.

[{"type":"text","text":"Cowboy State Daily has been unable to contact Durham.  "}]

Kelver grew agitated and confronted Durham, asking, “What the f*** did you just say,” according to Kelver’s account of the incident in the affidavit.

[{"type":"text","text":"Durham reportedly shoved Kelver to the ground."}]

Kelver described to Rope trying to draw a knife, “but dropped it when she hit the ground.”

Officers searched the intersection and didn’t find the knife, the affidavit says.

The teal-colored .308-caliber firearm Kelver had allegedly claimed was in the car was, rather, in Kelver’s side bag — a thick leather satchel — wrote Rope.

Rope handed that to another officer for that officer to clear it, the document says, adding, “a live round was found in the chamber.”

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

In Durham’s account, Durham was walking north on the sidewalk across from the bar and yelled “f*** the Crowbar” because he likes the Buckhorn Bar better.

Kelver demanded to know what Durham had said, he repeated his statement, and Kelver — hand on hip — walked toward Durham and the other people with Durham, the latter alleged in his own account.

Durham reportedly said Kelver’s hand was in a black side bag, and Kelver approached Durham “aggressively.”

Kelver and Holcomb both told Cowboy State Daily in separate Wednesday interviews that this was a “three-on-one” situation, and two other people were with Durham.

Durham and another person, whom the affidavit calls “A.S.,” turned and walked west on the crosswalk toward the Buckhorn Bar, but Kelver “got face to face” with Durham, hand still in the bag, the document says.

Durham pushed Kelver away, causing Kelver to fall. Kelver drew a handgun from the bag in which Kelver’s hand had been nestled during the approach, the affidavit alleges.

[{"type":"text","text":"Durham and A.S. kept walking away."}]

Kelver “racked the gun and pointed it at” Durham’s head, Rope recounted from Durham’s account.

A.S., in his interview, said he believed part of the gun was blue, reportedly.

[{"type":"text","marks":[{"type":"bold"}],"text":"The Witnesses And Cameras"}]

A witness reportedly said he heard Durham and Kelver yelling back and forth, watched Kelver cross the street with one hand in the side bag, watched Durham push Kelver to the ground, then heard a gun being racked and saw Kelver point the gun at Durham.

Another witness, “E.B.,” whom the affidavit calls a friend of Durham’s, attested that Durham had said “f*** the Crowbar,” reportedly.

E.B.  said he saw Kelver on the ground pointing a gun at Durham’s head as Durham walked away, Rope relates from that interview.

When police reviewed area cameras, they saw Kelver approach Durham in the crosswalk and Durham push Kelver, the affidavit says.

“Kelver appeared to stumble and fell on her back,” wrote Rope. “After falling, Kelver appeared to pull out a firearm, pull back the slide, load the firearm, and point it.”

Informed of the video’s contents, Kelver allegedly “stated she did not recall pulling the firearm during the altercation.”

Kelver described carrying the gun due to having been stalked the previous night, and for personal safety, the document adds.

[{"type":"text","text":"Kelver was arrested."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"A Little Law"}]

Wyoming has a law saying people who act in self-defense “shall” not be prosecuted for it.

Courts have answered that mandate by forming the “John’s hearing,” where a person charged with a violent crime can try to show evidence that makes it apparent, at first glance, that that person acted with self-defense.

Then the prosecutor gets a chance to overcome that by showing by a “preponderance of the evidence” that the defendant didn’t act with self defense.

 to dismiss cases at this stage. Often, they 

[{"type":"text","marks":[{"type":"bold"}],"text":"Self Defense Mission"}]

“Oh yeah, absolutely,” said Holcomb regarding whether Kelver will ask for a John’s hearing.

But first, Kelver faces a June 24 arraignment in Albany County District Court.

John’s hearings are challenging because they’re difficult to win without calling one’s client to testify, said Holcomb. And that takes a lot of preparation.

As to Byrd’s claim of bias in this case, Holcomb said, “That’s something that only the investigating officer and to some degree Kurt (Britzius) would be able to answer — why they only charged my client and not this other guy.”

As of Wednesday, no criminal charges for Durham had surfaced in the public-facing court file.

[{"type":"text","text":"This was one of Byrd’s points in support of his bias claim."}]

Holcomb said he feels this is an important case and looks forward to fighting it.

“I think that it’s important we all have the same rights, not only the Second Amendment right to defend yourself, but we all have the right to due process and trial,” he said. “I’m just looking forward to ensuring that Rihanna’s rights are protected throughout the rest of this process.”

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

[{"type":"text","text":"The Albany County Attorney’s Office charged Kelver on Sept. 15."}]

The prosecutor negotiated at length with Kelver’s first attorney, Linda DeVine, the case file indicates.

In November, Britzius knocked the charges down to two misdemeanors instead of two felonies and one misdemeanor. Those two misdemeanors were reckless endangering (up to one year in jail), as well as the interference charge already mentioned.

In December while Kelver faced only misdemeanors, the defendant sent a letter to the misdemeanor-level judge who was expected to handle the case, Judge Robert Sanford, apologizing for using the gun.

“I do not wish to spend any time attempting to garner sympathy nor victimhood,” wrote Kelver, according to the court file. “I wish to offer my sincerest apologies and condolences to your court and to my community.”

Kelver maintained that “the assault” Kelver endured was not right, but “did not give me the right to react the way I did.”

“I am deeply sorry for this,” wrote Kelver. “I know I will do what is right to resolve this.”

[{"type":"text","text":"But then the negotiations appear to have fallen apart."}]

DeVine asked for the court to delay Kelver’s change-of-plea hearing multiple times, and wrote in February that the state and defense were “still working out details on sentencing recommendations.”

In March, Britzius’ office ratcheted the case back up to the felony level.

Sanford found probable cause to send it to the higher felony-level court on May 27. Albany County District Court Judge Misha Westby is overseeing the case now.

[{"type":"text","marks":[{"type":"bold"}],"text":"More About Self Defense"}]

As for self-defense, state law basically says self-defense is appropriate when it reciprocates an actual or threatened, reasonably perceived threat.

Defensive force is reasonable when someone in the defender’s situation would judge it necessary to prevent an injury or loss, and no more.

Deadly force is appropriate if necessary to prevent imminent death or serious bodily injury to oneself or others.

A person attacked in a place where lawfully present 

 have a duty to retreat, as long as the person isn’t engaged in a crime, and isn’t the initial aggressor.

Capitol bathroom Kelver 6 3 26

<title>Transgender Bathroom Protestor Faces Felony Assault Charge, Claims Self-Defense | Cowboy State Daily</title>

The transgender Laramie resident who protested Wyoming’s cross-sex access ban for public bathrooms at the Capitol last summer is now waging a self-defense argument in a felony assault case. “I did not go looking for confrontation,” said Rihanna Kelver.

Transgender Bathroom Protestor Faces Felony Assault Charge, Claims Self-Defense

Kolby fedore

Kolby Fedore

Law Enforcement

Cheyenne police are evaluating whether a man could face criminal charges for setting fire to a book, tossing it into the main branch of the Laramie County Library and pulling a fire alarm, forcing an evacuation of the building.

The man walked into the library at 2200 Pioneer Ave. Monday morning carrying his own copy of the young-adult novel “Paper Towns,” says the Cheyenne Police Department. 

A short time later, library staff were extinguishing a burning book, evacuating the building and waiting for first responders after the man allegedly dumped a milkshake on the floor, tossed the smoldering novel into the building and pulled a fire alarm. 

The incident remains under investigation, and the CPD says it is still evaluating whether criminal charges are appropriate.

According to police, the man left on foot before officers arrived, then later contacted police and said he wanted to turn himself in. He was subsequently transported to a hospital for a mental health evaluation.

[{"type":"text","text":"No injuries or property damage were reported."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Milkshake, Fire Alarm And A Burning Book"}]

Joelle Ashley, marketing and communications manager for the Laramie County Library System, said the man bought the milkshake from the library cafe before intentionally dumping it on the floor.

He then lit his personal copy of "Paper Towns" on fire and threw it into the library's entrance area, pulled an alarm, and left, Ashley said.

While police said the book did not continue burning once it landed inside, Ashley said library employees quickly extinguished it and began emergency procedures out of caution. The alarm prompted the library to clear out. 

"Safety is something we take very seriously at the Laramie County Library," said Ashley. "We are incredibly proud of our staff's response.

“They were very professional; they were very responsible. They immediately picked up the book, extinguished the fire, and then got everybody out of the building safely."

Staff and patrons remained outside until first responders determined it was safe to return.

[{"type":"text","marks":[{"type":"bold"}],"text":"Why ‘Paper Towns'"}]

One question that remains unanswered is why the man chose to burn particular book and if the act was some kind of a statement or just random vandalism.

Ashley confirmed the title was "Paper Towns," a young-adult novel that has appeared on lists of frequently challenged books compiled by the American Library Association.

However, she stressed that the library has no information about the man's motivation and is not drawing any conclusions from the choice of title.

[{"type":"text","text":"\"I obviously cannot speculate on his motives at all,\" Ashley said."}]

The John Green young adult novel has been targeted for removal by school districts across the nation over its sexual themes and use of profanity.

[{"type":"text","text":"Police likewise report they have not identified a motive."}]

Instead, investigators say the incident may have been connected to a mental health crisis rather than criminal intent.

[{"type":"text","marks":[{"type":"bold"}],"text":"Charges Still Under Review"}]

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

Police said surveillance footage and physical evidence were collected from the library following the incident. They have identified the man involved but have not publicly released his name.

Meanwhile, library officials say they are grateful the situation ended without injuries and proud of the staff members who responded when a routine Monday morning suddenly became anything but routine.

Ashley said she is unaware of a similar incident ever happening at the library.

Laramie County Library Cheyenne IMG 6436 6 3 26

<title>Man Sets Fire To Controversial Book In Cheyenne Library, Then Pulls Alarm | Cowboy State Daily</title>

Cheyenne police are evaluating whether a man could face charges for setting fire to a book, tossing it into the Laramie County Library and pulling a fire alarm. The book he burned, “Paper Towns,” has been targeted by some school districts for removal.

Man Sets Fire To Controversial Book In Cheyenne Library, Then Pulls Alarm

Heinz mark

Mark Heinz

Outdoors

Wildlife

With summer tourist activity hitting full pitch in Yellowstone National Park, and other black bears engaged in mating-season courtship, one bear apparently decided he’d just had enough and passed out for hours by the roadside near Tower Junction.

The bear sprawled on his back with his tongue hanging out and snoozed away the hot afternoon seemingly without a care in the world, blissfully ignoring traffic roaring by barely 30 yards away.

The bear zonked out so hard, some people worried that it was dead, park visitor and wildlife photographer Corey Pettis told Cowboy State Daily.

But the bear would occasionally stir, raise his head to look drowsily around before going back to sleep, said Pettis, who spent a couple of hours watching that bear and several others on May 28.

“It was a hot day. I think the temperature was up in the 80s,” which might explain why the bear was wise to find a shady spot and get some rest, even as other bears amorously chased each other around, he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Black Bear Hangout"}]

 has been getting plenty of attention in Yellowstone and Grand Teton national parks this spring.

Around Tower Junction, it’s all about black bears, said Pettis, who lives in Wisconsin and has been visiting Yellowstone and Grand Teton every spring and fall for years.

“Over by Tower Falls is where the black bears all hang out. I’ve hardly ever seen a grizzly go through there,” he said.

Pettis said he saw nine black bears in the general area on May 28, including three others in the vicinity of the sleepy bear.

Those bears included at least one female that was being actively pursued by males trying to mate with her.

“Maybe he (the sleeping bear) had been out chasing that female earlier and was just tired,” he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Going Unnoticed"}]

Pettis said that the snoozing bear was one of the most amusing things he’s ever seen in the national parks.

Equally amusing is how unnoticed the bear was by many tourists.

“There were hundreds of people stopping and looking around,” attracted by the sight of the black bears that were up and moving, he said.

“But that sleeping bear was down so flat on the ground, many people didn’t even notice he was there,” he added.

That’s just as well, because nobody tried to push in too close and disrupt the bear’s slumber, he said.

“He was sleeping hard. I could just about picture the drool coming out of his mouth,” Pettis said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"More Tolerant Of People"}]

Nicholas Scapillati, executive director of the Grizzly Bear Foundation in British Columbia, Canada, told Cowboy State Daily that he wasn’t particularly surprised to hear about a black bear sleeping soundly near so many people.

Generally speaking, black bears are “much more comfortable being closer to human settlements than grizzlies are,” he said.

Black bears evolved in heavily forested habitats and usually don’t need as much vast, undisturbed territory as grizzlies do, he said.

“Grizzlies need bigger habitats,” he said. "They need isolated alpine areas to den in."

So-called “roadside” grizzlies in Yellowstone and Grand Teton are mostly females with cubs, Scapillati said.

That’s because male grizzlies will sometimes kill a female’s cubs in hopes that the female will go back into heat so the male can mate with her.

Large male grizzlies tend to be less tolerant of crowds, and so the roadside grizzly mammas have learned to take their cubs near roadsides to lower risks, he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bear Personalities"}]

While black bears might be more apt to get comfortable around crowds, grizzlies can get used to specific humans in the backcountry, Scapillati said.

He’s watched female grizzlies nursing their cubs in the wild, something those bears might not have been comfortable doing near crowds.

People also frequently underestimate how intelligent black bears and grizzlies are, Scapillati said.

They’re smart and complex enough to develop a wide range of personalities, he said.

It makes sense that the black bear Pettis watched snoozing near Tower Junction may have an unusually mellow personality, Scapillati said.

And in the parks, it might be possible for grizzlies to develop that level of comfort with crowds of tourists, he added.

“It’s probably a matter of time before somebody films a grizzly bear doing that (zonking out by the roadside),” he said.

Sleepy bear 6 3 26

<title>Tired Of Mobs And Mating Season, Yellowstone Black Bear Zonks Out By Roadside | Cowboy State Daily</title>

As Yellowstone buzzed with tourists and other bears were caught up in courtship, a black bear apparently decided he’d had enough and zonked out by the roadside near Tower Junction. The bear was out so hard, some people worried that it was dead.

Tired Of Mobs And Mating Season, Yellowstone Black Bear Zonks Out By Roadside

Headshot of Cowboy State Daily reporter, Dale Killingbeck

Dale Killingbeck

CASPER — A 35-year-old Evansville man is accused of camping out in a trailer on someone’s property, then walking into their house uninvited to get orange juice from the refrigerator.

Police say those actions happened after Garrett Maheu failed to return as required to the Casper Re-entry Center, the community corrections facility in town.

Maheu waived a preliminary hearing Tuesday in Casper Circuit Court on charges of burglary, criminal entry, theft, interference with a police officer, and use of controlled substance in one case and an escape charge in another case.

Court documents show Maheu’s renewed encounter with the court system began with his failing to return to the halfway house facility by midnight May 25 following a shift at the Outback Steakhouse in Casper.

He was declared an escapee by the facility at 2 a.m., and law enforcement efforts to locate Maheu were unsuccessful.

Meanwhile, at about 8 p.m. the next day, Casper police were dispatched to a home on a report of a burglary. 

Officers were told by the husband of a woman at the residence that a man in a blue beanie, black shirt, and blue jeans was trying to open the doors of their house. 

His wife was inside and “freaking out,” according to an affidavit of probable cause filed in the case.

After police and the husband arrived at the home, the couple provided police with video of a man acting erratic, speaking to himself and apparently experiencing a “manic episode,” the affidavit states.

At 8:55, 911 got another call from a woman in the 2000 block of South Coffman Avenue that an unknown man just walked into her house, and she had no idea where he went.

Police responded to that home, and the woman told police he left out her back door and that she had never seen the man before.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"She Was ‘Shaking’ "}]

“(The woman) was visibly shaking from the incident and advised she was shocked by the event,” the affidavit states. She "advised she was the only adult home and had two children who were asleep.”

The woman told police that a man in a black shirt suddenly walked into her house and opened her refrigerator. 

She said she confronted the man, then he “grabbed a container of orange juice from the fridge and stated to (the woman) that he had been living in a camper parked out back.”

The woman told police he than ran out the back door with the orange juice and she then called 911.

Officers went to the back yard and found nobody in the trailer. 

They had the woman examine the trailer and she told them it “was a mess and not in that state before being stored for the winter,” the affidavit states. 

She told police the trailer was typically left unlocked.

An Evansville man accused of not returning to a Casper halfway house after work faces more charges for allegedly breaking into people’s homes. He "grabbed a container of orange juice from the fridge” when confronted by a frightened woman at one house.

One More For The Road: Saturday, January 27, 2024

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