One More For The Road

With spring around the corner (not really, but in some places) here are two helpful ways to get into a boat....

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<title>One More For The Road: Friday, March 1, 2024 | Cowboy State Daily</title>

One More For The Road: Friday, March 1, 2024

 With spring around the corner (not really, but in some places) here are two helpful ways to get into a boat....

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

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.

She also pointed out a blue beanie in the bathroom of the camper that did not belong to her family. The beanie was similar to the one worn by the man on the video at the previous residence, the affidavit states.

Police searched the area, but could not locate the suspect.

At 10:12 p.m., another Casper resident called 911 about a man walking westbound in an alley who appeared to be under the influence. 

Officers responded to the area and found Maheu in the vicinity of Dover Avenue and Essex Avenue, noting he matched the description of the man at the other locations.

Maheu told officers that he had been inside the camper on South Coffman Avenue and that the woman inside the home had given permission for him to take the orange juice. 

He initially refused to give police his name, denying he was Garrett Wayne Maheu. But after being confronted with the description about the Casper Re-Entry Program escapee with the skull tattoo on his chest, which he had, he admitted his identify, the affidavit states.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Meth And Drinks"}]

At the time of his arrest, Maheu was “profusely sweating” and had “pinpoint pupils” and was acting erratically, the affidavit states.

Under questioning, Maheu admitted he had used an “eight ball” of meth a few hours earlier, the term used to describe an eighth of an ounce of the drug. 

He also had two drinks that were cold in his possession that included a Fever-Tree Ginger Beer and a Truly strawberry lemonade hard seltzer that he said he got from the cooler of a guy known as “Evil.”

When shown the beanie found in the camper, he told the officer that it “absolutely” belonged to him and that he obtained it at a truck stop.

Both the burglary and escape charges carry a potential penalty of 10 years in prison as well as an up to $10,000 fine for the burglary charge. 

The criminal entry, theft, and use of a controlled substance charges are punishable by up to six months in prison and a $750 fine.

The interference with a police officer charge is punishable by up to a year in jail and a $1,000 fine.

Bond was set at $10,000 cash or surety in the burglary case and $5,000 in the escape case.

Maheu had been serving time at the Casper Re-Entry Center after being sentenced for a larceny in Sweetwater County.

Maheu Casper Cop Car 6 3 26

<title>Fugitive Accused Of Breaking Into Casper-Area Homes, Taking Orange Juice | Cowboy State Daily</title>

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.

Fugitive Accused Of Breaking Into Casper-Area Homes, Taking Orange Juice

Kolby fedore

Kolby Fedore

UPDATE 2:50 p.m.: This story has been updated to reflect the Goshen County Sheriff's Office confirms a suspect has been identified, and that if criminal charges are filed that will be up to the Goshen County Attorney's Office.

The family of two Rottweilers found dead and mutilated in the North Platte River near Torrington says Goshen County Sheriff

s Office representatives have told them someone has turned himself in and admitted to shooting the dogs.

Angelica Garcia, whose parents owned the dogs named Django and Hildy, said that members of the sheriff’s office informed the family on Wednesday that a person had come forward and admitted to shooting the animals.

According to Garcia, investigators declined to identify the suspect, citing concerns for that person's safety.

The case has drawn statewide attention since Friday, when the dogs disappeared after getting loose from their family's property and were later found dead by a mother and her son near a popular fishing area along the North Platte River.

Garcia told Cowboy State Daily on Monday that she believes the dogs 

The family has previously claimed the dogs were shot, their collars removed, and their bodies left in the river. Authorities have not publicly confirmed those allegations.

Goshen County Sheriff Kory Fleenor confirmed Wednesday his office does have a suspect, who is not in custody. His identity isn't being released at this time, and it will be up to the Goshen County attorney to decide if criminal charges are appropriate.

"This was an unfortunate situation for everyone involved," Fleenor said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Family Says Objection To Online Posts"}]

Garcia said the revelation about the alleged suspect came during a tense conversation with investigators.

According to Garcia, members of the sheriff's office expressed frustration with videos and information the family has shared online about the case and took issue with some of the media coverage surrounding the deaths of Django and Hildy.

She said the sheriff's office expressed frustration with Pamela Garcia for videos and information the family shared online.

[{"type":"text","text":"\"We're not taking anything down,\" Garcia said."}]

The deaths of the dogs sparked a wave of public reaction after the family posted photographs and videos online and launched a petition demanding answers about what happened.

[{"type":"text","marks":[{"type":"bold"}],"text":"$2,500 Reward Offered"}]

As questions continue to surround the case, Animal Wellness Action announced it is offering up to $2,500 for information leading to the arrest and conviction of the person or people responsible for what the organization describes as the unlawful killing of the dogs.

The reward was announced before Garcia said the family learned that someone had allegedly admitted to shooting the animals.

Wayne Pacelle, president of Animal Wellness Action, said he was not aware of any tips submitted to the organization as of this week, but that rewards often motivate witnesses and others with information to come forward.

"The reward really is the driver of that information," Pacelle said. "Once people understand that there's a reward, that is a very important incentive for people to participate in the process of helping law enforcement."

Pacelle said his organization became involved because of what he views as a well-established connection between animal cruelty and broader patterns of violence.

"There's a tremendous link between malicious acts of cruelty and other crimes and other social violence," he said.

Pacelle pointed to research linking animal cruelty to domestic violence and other criminal behavior.

"It's often a precursor or a red flag of someone who is going to commit other acts of violence," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Echoes Of The Cody Roberts Case"}]

Animal Wellness Action and its sister organization, the Center for a Humane Economy, were also involved in the high-profile case of Cody Roberts, the Daniel man who pleaded guilty to felony animal cruelty after chasing down a wolf with a snowmobile and later displaying the severely injured animal in a bar.

Pacelle said the facts in the Torrington case remain unclear and stopped short of directly comparing the two incidents.

[{"type":"text","text":"Still, he said both cases raise concerns about how animals are treated."}]

"The common theme is just a contempt for the life of an innocent animal," he said.

Pacelle said the organization hopes the reward and public attention surrounding the case will encourage anyone with information to come forward.

"It does matter a great deal," he said. "People may not be aware of the correlation between animal cruelty and human criminality and violence, and we really want to underscore that."

Rottweilers and torrington 6 3 26

<title>Torrington Family Says Suspect Turns Self In For Shooting Mutilated Rottweilers | Cowboy State Daily</title>

A Torrington family says the Goshen County Sheriff’s Office told them a suspect turned himself in for shooting their Rottweilers, whose mutilated bodies were found in the North Platte River. The sheriff’s office confirms there is a suspect in the case.

Torrington Family Says Suspect Turns Self In For Shooting Mutilated Rottweilers

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

Renée Jean

Government & Politics

Most of the Cheyenne Planning Commission members backed parts of Microsoft’s sweeping 3,200-acre southside expansion plans Monday night during a marathon five-hour hearing. 

But only one part of the plan — assigning agricultural zoning to the 3,050-acre Highlands area if it is annexed — will reach the June 8 City Council meeting with a recommendation to approve.

The remaining items — future land-use and zoning map amendments for two parcels in the vicinity of Laramie Community College — failed to get the four “yes” votes required by state law to give the land-use changes a formal thumbs up from the planners.

With two of seven commissioners absent, and the chair voting only in case of a tie, a single “no” was enough to flip majority support for the Highlands-related measures into a recommendation to deny. 

A majority, meanwhile, voted to outright deny changes for the nearby Read Property, which is already inside city limits.

That meant the future land-use map amendment and zoning map amendment for the largest parcel failed — even though three of the five commissioners present voted in favor of them. 

They will thus both head to the council with formal recommendations to deny. 

Plan Fits Long-Range Vision, Utilities Can Keep Up

During deliberation of the measures, city staff framed the changes as consistent with long-range planning for Cheyenne’s economic development. 

The staff emphasized that these areas could be served by city water and sewer and folded into the urban service boundary with appropriate infrastructure, including possible lift stations and extensions.

“The subject property is suitable for industrial development, noting the impacts of the industrial development will be minimal on the large vacant surrounding properties and the proposed amendment is consistent with the goals and policies within Plan Cheyenne,” Cheyenne Planner Connor White said.

 “The transportation network because this wasn’t part of the Urban Service Boundary, there really isn’t a transportation network for this area,” White added. "That would be developed over time.”

The property would eventually connect into Bison Business Park as it develops over time, which would involve subsequent applications that would go before the Planning and Zoning Commission.

Water and sewer lines would have to be extended to the location, which is up for annexation consideration at the June 8 council meeting.

The area’s county zoning already allows some light industrial uses, and there’s already a gravel pit and oil wells in the area, White added.

Cheyenne planners are recommending denial of most of the provisions in a huge 3,200-acre Microsoft data center expansion. “This is about 18% of the city’s current size. It overtakes the city,” said one resident during a marathon five-hour hearing Monday.

One More For The Road: Friday, March 1, 2024

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