Daily Darwin

[{"type":"text","text":"Should have gone with the family seating model...."}]

Darwin 4 9 24

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

<title>Daily Darwin: Tuesday, April 9, 2024 | Cowboy State Daily</title>

Should have gone with the family seating model....

Daily Darwin: Tuesday, April 9, 2024

 Should have gone with the family seating model....

Kolby fedore

Kolby Fedore

Crime & Courts

Courts

A Jackson man is accused of twice blasting another driver in the face with bear spray during a road rage showdown, leaving the victim temporarily blind and gasping for air.

Police say the second burst is what turned an angry traffic dispute into a felony.

Leonardo Enrique Dominguez was arrested Sunday and charged with aggravated battery after investigators allege he intentionally caused serious bodily injury, as stated in a probable cause affidavit filed Monday in Teton County Circuit Court.

Prosecutors have charged Dominguez with aggravated battery, claiming he intentionally caused serious bodily injury "under circumstances manifesting extreme indifference to human life."

[{"type":"text","marks":[{"type":"bold"}],"text":"A Road Rage Call"}]

The confrontation unfolded shortly before noon Sunday near the Loaf 'N Jug gas station along West Broadway Avenue in Jackson.

Police responded to reports of a road rage assault involving bear spray and found a man kneeling beside his white Dodge Caravan.

The affidavit says the man was coughing violently, his eyes were burning and he was unable to answer officers' questions. Mucus and tears streamed down his face as emergency responders treated him before transporting him to the hospital.

Witnesses told police they had been driving behind the man when a gray Toyota Tacoma pulled alongside his stopped van.

They said someone inside the truck sprayed bear spray through the passenger-side window of the van, the affidavit says. As the man stood in the doorway of his van, they said he was sprayed a second time directly in the face before the truck sped away.

Officers later noted the interior of the man's van still reeked of bear spray, which made one of the corporal's "eyes burn" and caused them to cough, according to the affidavit.

[{"type":"text","marks":[{"type":"bold"}],"text":"Pulled Over "}]

At the hospital, the man who had been sprayed told investigators the road rage encounter began after another truck tried merging into his lane, nearly forcing him onto the sidewalk.

He said he pulled over simply to ask the other driver what he was doing. Instead of an explanation, he said he was immediately blasted with bear spray.

The man denied threatening the other driver and said he had never seen him before.

A request for further comment from the driver of the van was not returned by publication. 

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

Investigators reviewed surveillance video and license plate camera data that led them to a gray vehicle registered to Dominguez.

Officers found the truck parked outside his apartment later that afternoon, the affidavit says.

Dominguez agreed to speak with police and acknowledged spraying the man twice, but insisted he acted in self-defense.

The affidavit says Dominguez claimed the man sped up to block him, brake-checked him, yelled profanities and aggressively approached his driver's window.

He said he displayed the bear spray first as a warning before using it, the affidavit says.

Dominguez admitted spraying the man once through the driver's window of the van and a second time after he returned to his own vehicle, saying he feared the confrontation was continuing.

He also told officers he didn't call police because he believed surveillance cameras had captured the encounter and assumed officers would eventually contact him.

[{"type":"text","marks":[{"type":"bold"}],"text":"Felony Charge "}]

When officers located Dominguez's vehicle, they reported seeing rags inside "as if the vehicle had been cleaned,” the affidavit says. 

They also observed tactical gear, flashlights, a knife and patches mounted throughout the truck's interior.

Dominguez told investigators his truck was equipped with a dash cam that may have recorded the incident.

The investigating officer wrote that bear spray is intended to stop bears — not people — and can cause severe eye injuries, swelling, airway constriction and potentially life-threatening respiratory complications when used at close range.

Police concluded there was probable cause to arrest Dominguez after considering witness statements, the alleged victim's account and Dominguez's own admission that he sprayed the man a second time.

Investigators say that second burst came after Bilen had already returned to his own vehicle, leading them to conclude the use of force was no longer justified and supported a charge of aggravated battery.

Dominguez made his initial appearance Monday afternoon before Teton County Circuit Court Judge Erin Weisman, who set his bond at $5,000 cash. A preliminary hearing is scheduled for July 31.

Jackson Loaf N Jug green sign 7 21 26

<title>Jackson Man Accused Of Blasting Driver With Bear Spray In Road Rage Showdown | Cowboy State Daily</title>

A Jackson man is accused of blasting another driver twice with bear spray during a Sunday road rage showdown, leaving the victim struggling to breathe. He admitted using bear spray on the other driver, but told police it was self-defense.

Jackson Man Accused Of Blasting Driver With Bear Spray In Road Rage Showdown

Heinz mark

Mark Heinz

Outdoors

Montana grizzly advocates say it should be mandatory for hunters and trappers to carry bear spray in grizzly country — a move they say will make people safer and save bears from being shot.

A coalition of 19 Montana organizations and 46 individuals Tuesday submitted a petition to the Montana Fish, Wildlife and Parks Commission to require carrying bear spray, much like hunters are required to wear fluorescent orange.

Similar petitions were filed in Wyoming and Idaho in 2019, but those efforts failed.

The push for mandatory bear spray touches on the debate over whether a firearm or bear spray is better for stopping a grizzly attack.

Another point of debate is how many grizzlies can be killed without imperiling bear recovery in Wyoming, Montana and Idaho.

While grizzlies are not hunted in Wyoming, Montana and Idaho, it is legal to kill one in defense of human life.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Alternative to ‘Going for the Gun’"}]

One of the petitioners, Mike Bader of Missoula, said the intent is not to forbid hunters or trappers from also carrying handguns for bear defense if they choose.

But making bear spray mandatory would be no different than wildlife agencies requiring fluorescent orange or requiring that boaters wear life jackets, he told Cowboy State Daily.

“We’re looking at the facts of the matter. And the fact is, hunting and trapping significantly increase your chances of having an encounter with a bear,” said Bader, a grizzly ecologist and former Yellowstone National Park ranger.

Trappers might use meat or other bait that can attract bears, he said. And hunters move stealthily, often through thick cover and at dawn and dusk.

Mandatory bear spray would give them “another alternative rather than going for the gun first” in case of a bear encounter gone bad, Bader said.

There has been a steady increase in the number of bears shot and killed by hunters claiming self-defense, he said.

That adds to the grizzly death toll, which could threaten bears’ full recovery in the Rocky Mountain West, he added.

An important element of full grizzly recovery is robust genetic exchange between subpopulations, such as the Greater Yellowstone population and Montana’s Northern Continental Divide grizzly population, Bader said.

Requiring bear spray would help protect grizzlies, but human safety should remain a priority, Bader said.

“Of course we want to stop bears from getting killed. But the primary thing, just like with hunter orange or life vests, is that it’s a public safety thing,” Bader said.

“All of the wildlife agencies encourage bear spray,” he added.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Game and Fish Stresses Education"}]

Petitions were filed in 2019 to mandate bear spray for hunters in Wyoming and Idaho, Kristin Combs, executive director of Wyoming Wildlife Advocates, told Cowboy State Daily.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"The petitions were rejected, she said."}]

Then-Game and Fish Commission member Peter Dube said bear spray should be encouraged for anyone venturing into Wyoming’s backcountry.

However, “I don’t think it needs to be a requirement,” he said, according to notes from the commission’s July 19, 2019, meeting in Rock Springs.

Game and Fish Director Angi Bruce told Cowboy State Daily on Tuesday that the department emphasizes education regarding safety in grizzly country and how to properly use bear spray.

“We have discussed this option (mandating bear spray) with our commission in the past and decided, rather than making it mandatory, that we would prioritize providing education and outreach, as well as providing free bear spray and training,” she said in a text message.

Mandating bear spray also isn’t something the Game and Fish Commission could have decided on its own. 

It would have required action by the Wyoming Legislature, Bruce added.

Game and Fish hosts bear safety seminars around Wyoming. Participants are invited to test their bear-spraying skills by going up against Robobear.

Robobear is a wheeled contraption with a facsimile of a bear mounted atop it that can reach speeds of 20 mph or more as it charges.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Won’t Fly With Hunters"}]

Guy Eastman of Cody has hunted numerous times in grizzly country and told Cowboy State Daily that he acknowledges the value of bear spray.

Even so, he doesn’t favor making it mandatory, and the idea “isn’t going to fly with the hunters,” said Eastman, who represents the third generation of the outdoor multimedia family.

“It’s one of those things that sounds good on paper. But the actual logistics of implementing that, monitoring it and babysitting people to carry it — that’s a whole other issue,” he said.

Also, even when hunters are carrying bear spray, they might see the rifle in their hands as the best first option if a grizzly charges them, Eastman said.

“You think you’re going to set your rifle down and reach for the bear spray? No. There’s going to be a ‘boom,’” he said.

Eastman added that he thinks the number of grizzlies killed defensively by hunters will never come close to the number killed by wildlife agencies for such things as attacking cattle.

Some argue that opening a hunting season for grizzlies in Wyoming wouldn’t affect human-bear conflicts. Others claim that it would make a difference by making grizzlies more fearful of humans.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Eastman takes the latter view."}]

"We’re not arguing over whether bears are going to die. Bears are going to get killed. We’re arguing over who is going to do it (hunters or wildlife agents),” he said.

Bruce recently told the Legislature’s Joint Travel, Recreation, Wildlife and Cultural Resources Committee that Game and Fish agents are likely killing more grizzlies than hunters would during grizzly hunting seasons.

Griz bear spray 7 21 26

<title>Montana Grizzly Advocates Want Bear Spray Mandatory for Hunters, Trappers | Cowboy State Daily</title>

Grizzly advocates in Montana submitted a petition Tuesday to make bear spray mandatory for hunters like wearing fluorescent orange is now. Guy Eastman of Cody has hunted numerous times in grizzly country and said the idea “isn’t going to fly with hunters.”

Montana Grizzly Advocates Want Bear Spray Mandatory for Hunters, Trappers

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

Clair McFarland

Politics

Government & Politics

The doctor whom Gov. Mark Gordon sought to remove from the Wyoming Board of Medicine over the doctor’s outspoken advocacy for a ban on child sex changes has won his appeal – halfway.

 in the governor’s personal and official capacity for three alleged free-speech and petition violations, all stemming from Cubin’s advocacy for “Chloe’s Law” – a proposed ban on sex-change treatments for kids that ultimately became law.

Cubin, a Casper radiologist, was pushed off the board because of things he said while lobbying state lawmakers to pass Chloe’s Law while he was a member of the Board of Medicine. 

This came after his multiple failed efforts to try and convince Wyoming Medical Society leadership to change its opposition to the bill.

In a letter to state legislators, Cubin called the Medical Society, of which he was a member, “woke” and taken over by “extremely liberal” members.

“I urged our legislators to be circumspect about the information they were being provided and cautious about what they allow physicians to do to kids in our state — something that is now the law across Wyoming,” Cubin said at the time.

[{"type":"text","text":"Gordon wrote to Cubin to remove him from the Wyoming Board of Medicine."}]

The governor told Cubin the doctors the board governs should “have confidence that board members prosecute their responsibilities on the board in an objective and unbiased way.”

[{"type":"text","text":"But Cubin resigned instead."}]

Then he sued the governor in both his official and personal capacities. For the official claims, Cubin wanted the court to make Gordon restore Cubin to his seat on the board, and to declare that Gordon had violated Cubin’s First Amendment rights.

For the personal claims, Cubin sought “monetary damages” against Gordon “in an amount to be determined at trial.”

U.S. District Court Judge Scott Skavdahl pronounced the whole lawsuit insufficient for court and dismissed it.

The judge found that Cubin had failed to show the governor unconstitutionally retaliated against him for his speech because, in Skavdahl’s view, Cubin’s speech didn’t rise to the level of “public concern” and the government’s interest in “promoting efficiency” on the board outweighed Cubin’s expressive rights.

Skavdahl also concluded that for the personal-capacity claims, Gordon has qualified immunity.

A panel of three 10th Circuit Court of Appeals Judges disagreed, saying Cubin’s speech does rise to the level of public concern.

Their Tuesday order sends the case back down to the Wyoming-based federal court for further review – and revives Cubin’s claims against Gordon in his official capacity.

Cubin's attorney Brendan Philbin, of the Liberty Justice Center, said he and Cubin are "thrilled with the result" of the appeal. 

"I think the court really nailed it on what this case is about, when they said that speech on matters of democratic debate is of paramount public importance," said Philbin. "We’re rally happy the court saw that Dr. Cubin was participating in the legislative process and really exercising the rights that we hold dear, to participate in representative government. And we’re excited now to go back to the district court and continue to seek justice for him."

[{"type":"text","text":"Philbin also called the remand a win for Wyomingites. "}]

the governor remains confident that the merits of this case will show he did not infringe on Cubin’s freedom of speech.

“The Governor is confident that he will also prevail in his official capacity upon remand to the District Court,” said Edmonds. 

[{"type":"text","text":"A Matter Of Public Concern"}]

A person is likelier to prove that his government employer retaliated against him for his speech if his speech was a matter of public concern.

Cubin’s complaints about the Wyoming Medical Society cut against that claim because that’s a private group, wrote 10th Circuit Court Judge Nancy Moritz in the Monday remand order. But he was clearly lobbying for legislation, on a matter of high public concern, the order also says – which cuts in his favor.

“Gordon urges us to view Cubin’s frustrations… as personal grievances with the internal dynamics of the Society, a private organization,” wrote Moritz. 

“On the other hand,” the order counters, “Cubin raised these concerns in opposition of the Society’s 

facts characteristic of ‘the type of core political speech the First Amendment was designed to protect.’”

Cubin’s speech was a matter of public concern, so his retaliation claim against Gordon as an official is revived, the order says.

[{"type":"text","text":"Balancing Disruption Vs. Speech"}]

Gordon had explained his decision to remove Cubin as a safeguard against people questioning the board’s impartiality, and against disruption of “at least some of the Board’s core functions.”

Government employers have an interest in regulating their employees’ speech, but courts also balance that interest against employees’ rights.

Skavdahl’s court hasn’t seen enough evidence for the judge to side with Gordon on that one, the 10th Circuit decision says.

[{"type":"text","text":"Just Sue The Government Though"}]

The Monday order upholds Skavdahl’s ruling that Gordon gets qualified immunity for his attempt to remove Cubin.

[{"type":"text","text":"That means Cubin can’t sue Gordon for money in his personal capacity. "}]

A key tenet of qualified immunity holds that government officials – such as police officers, governors or other public employees – would have to break a clearly-established right to face lawsuit liability as individuals.

Though Cubin showed a strong enough case for retaliation to revive his official-capacity claims, he didn’t prove that Gordon was violating a clearly-established right, the appeals court ruled.

“It was not clearly established that Cubin’s email (complaining about the Medical Society) addressed a matter of public concern,” the order says. “And Gordon is entitled to qualified immunity in his personal capacity.”

10th Circuit Court Judge Richard Federico and a Utah-based U.S. District Court Judge filling in on the case - Ann Marie McIff Allen – also joined Mortiz’s ruling.

Eric Cubin and Gordon 8 29 24

<title>Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court | Cowboy State Daily</title>

The doctor Gov. Gordon sought to remove from the Wyoming Board of Medicine for advocating a ban on child sex changes has won his appeal – halfway. A Tuesday ruling sent the case back to federal court, reviving First Amendment claims against Gordon.

Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court

Jory Thomas, 14, was absent-mindedly flipping loops with a rope while visiting his grandparents' campground on the Yellowstone River over the Fourth of July weekend when he heard someone start screaming for help.

Within seconds, the Montana ranch kid emptied his pockets, splashed across a side channel and waded chest-deep into the river.

[{"type":"text","text":"Then he did something he'd spent the past year practicing on calves."}]

[{"type":"text","text":"This time, he roped a drowning man."}]

The July 5 rescue unfolded so quickly that by the time the first Sweet Grass County Sheriff’s Office deputy arrived three minutes after Jory's father called 911, everyone was already safely on shore.

"My opinion, Jory saved the individual's life, 100%," Sweet Grass County Sheriff Alan Ronneberg told Cowboy State Daily. "Had Jory not acted, I believe the chances of this individual not making it to shore were very slim.”'

[{"type":"text","marks":[{"type":"bold"}],"text":"A Boat Hits A Bridge"}]

The Thomas family lives on a ranch about a dozen miles outside Big Timber, directly across from a campground where Jory's grandparents had been staying for the week.

Jory wandered over to visit with his parents and grandparents that afternoon, a rope already in his hand as he casually practiced throwing loops.

"All of a sudden he heard some yells for help," Jory's father, Jase Thomas, told Cowboy State Daily.

A boat had struck a bridge pillar, throwing its occupants into the Yellowstone River.

Three people fell in, but only two managed to get out, leaving one person alone in the swift current, desperately clinging to a cooler.

[{"type":"text","text":"Jory didn't hesitate."}]

Somehow, said his father, he convinced the drowning man to let go of the cooler. Then he threw the rope, catching the man around the neck and one arm. 

Jory and another bystander then pulled the man safely to shore before emergency responders arrived. 

In the moment, Jory didn’t think about any potential danger to himself, he just acted on instinct, the teen told KTVQ television in Billings, Montana, which first 

"This current was pretty fast then, and he was moving pretty quickly," he told the outlet. "Only thing I could focus on was helping him get out of the water because I didn't want to see anyone go in front of me.”

[{"type":"text","marks":[{"type":"bold"}],"text":"'Let Me Have My Son Back'"}]

Jory's father has spent three decades on the Big Timber Volunteer Fire Department and immediately called 911.

Dispatch records show the call came in at 5:39 p.m. A deputy arrived just three minutes later and reported everyone was already out of the water. 

[{"type":"text","text":"Watching the rescue unfold wasn't easy for the elder Thomas. "}]

He knows that stretch of river, and that it becomes more dangerous just downstream, where swift current, deep holes and logjams create deadly hazards.

"My biggest concern was to let me have my son back," he said before taking a long pause, reflecting on the potential for Jory to also get caught up in the current.

"He understands water, but I don't think he understands what could happen,” Jase said. "I mean, he does, but he had one thing in mind, which is great, and he got it done." 

Jase believes the man his son rescued likely wouldn't have survived much longer.

[{"type":"text","text":"Sheriff Ronneberg agrees."}]

"I'm not sure how close the individual was to being 'lost,' but in my experience such things happen faster than you might guess they can," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"'He Loves Roping' "}]

Although the rescue looked almost unbelievable, it wasn't blind luck. Jory has spent the past year immersing himself in roping.

He practices on roping dummies in his spare time and started roping calves from horseback during local brandings, his father said.

[{"type":"text","text":"\"He's always had a rope,\" Jase said. \"He loves roping.\" "}]

Outside of ranch work, he's an avid hunter and is spending this week showing a steer and a pig at the county fair. 

[{"type":"text","marks":[{"type":"bold"}],"text":"'That's Just Who He Is'"}]

[{"type":"text","text":"To his family, the rescue wasn't entirely surprising."}]

[{"type":"text","text":"Jase said his son has always been the first person to help someone else."}]

"We'll be in town at the grocery store, and you'll see an elderly person," he said. "They can't pack the groceries, and he never says a word. He goes over and gets their groceries and packs them out. That's just who he is." 

Ronneberg said the rescue is a reminder that courage often appears in ordinary moments.

"Jory saw another in trouble and acted, not for himself but for another," Ronneberg said. "He didn't pull out a phone, but a lariat. He didn't watch what was happening but intervened."

"Jory is a lesson for all of us in this day and age and showed us what is courageous and right.”

Montana lasso teen 7 21 26

<title>14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life | Cowboy State Daily</title>

A 14-year-old ranch kid from Big Timber, Montana, had a rope in his hand when cries for help erupted from the Yellowstone River. He sprinted into the water, threw one loop and caught a struggling man around the arm and neck, pulling him safely to shore.

14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life

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

Greg Johnson

Executive

CHEYENNE — That something may be wrong with wastewater discharged from the closed-loop cooling system of a huge Meta data center being built in south Cheyenne first hit the radar of the city’s Board of Public Utilities in mid-January.

[{"type":"text","text":"The public was first made aware of the contamination on June 25."}]

In a 13-page timeline of events leading up to the Board of Public Utilities (BOPU) issuing a notice of violation against a Meta contractor released Monday, the agency says it first observed “an unknown bacteria” — later identified as Cupriavidus gilardii — on Jan. 15.

It also details the multiple steps the agency took with Meta contractors Goat Systems LLC and Fortis over about five months to fix the situation.

 along with a lengthy question and answer sheet also put out Monday, addresses why the public was kept in the dark about the contamination for months.

The agency has been scrutinized by some residents and city officials about why people weren’t told earlier of the contamination of the waste reuse system — which isn’t the city’s drinking water.

[{"type":"text","text":"The answer is simple, the BOPU reports in the Q&A."}]

“BOPU determined there was a low risk to public health, which did not justify a public notification that could result in public panic,” the Q&A says.

“As a public agency, BOPU must weigh public safety, impacted area, and level of risk when determining the appropriate nature and extent of public notifications,” the document continues.

[{"type":"text","marks":[{"type":"bold"}],"text":"Who Knew What And When?"}]

While Cheyenne Mayor Patrick Collins and the city’s chief of staff were made aware of the situation via email on March 25, it wasn’t until June 26 that the BOPU issued a statement making the public aware of the contamination and that it had been rectified, according to the timeline.

In the meantime, City Councilman Pete Laybourn told Cowboy State Daily after that initial public statement that he was disappointed to learn about the contamination that way.

The Cheyenne Board of Public Utilities didn't inform the public earlier that Cheyenne's wastewater system was contaminated by a Meta data center because they deemed it a "low risk to public health." The agency released a timeline and Q&A on Monday.

Daily Darwin: Tuesday, April 9, 2024

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