Daily Smile

[{"type":"text","text":"There are two types of dogs...."}]

Smile 5 9 24

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

<title>Daily Smile: Thursday, May 9, 2024 | Cowboy State Daily</title>

There are two types of dogs....

Daily Smile: Thursday, May 9, 2024

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

Clair McFarland

Crime & Courts

Courts

The Wyoming Republican Party is appealing a judge’s ruling that state laws governing major party leadership elections apply to it. 

Uinta County District Court Judge James Kaste 

 that the Hot Springs County Republican Party’s 2025 leadership election in which non-precinct committee people were allowed to vote was not legal. 

The Wyoming Republican Party’s Dispute Resolution Committee had insisted that the election was legal and upheld it. While the election didn’t square with state law, it squared with the party’s bylaws. 

[{"type":"text","text":"The judge ordered the state party to follow state law over its bylaws. "}]

The Wyoming Republican Party informed Kaste’s court Friday that it’s asking a higher tribunal, the Wyoming Supreme Court, to review his order. 

“Through undersigned counsel, notice is hereby given that Defendants Wyoming Republican Party, Wyoming Republican Party State Central Committee, and Wyoming Republican Party Dispute Resolution Committee appeal the Court’s 

” says the Friday motion by the party’s attorney, Thomas Szott of The Bernhoft Law Firm. 

Now the party is waging multiple legal challenges in which it argues that it may follow its bylaws over Wyoming law. 

Earlier this month, the Wyoming GOP challenged the Secretary of State’s Office in federal court in an 

 a law barring major parties from financially backing one of their affiliated candidates over another in the primary election cycle. 

Each party can bankroll the nominees its registrants choose at the primary election in the three months between the primary and general election — but not before. 

That law has been interpreted over the years to equate to a ban on the party endorsing specific candidates in the primary cycle, GOP Chair Bryan Miller told convention attendees in April. 

[{"type":"text","text":"Well That Depends"}]

Whether political parties’ associational and free-speech rights rise above the state laws that govern them is a recurring judicial topic nationwide. 

[{"type":"text","text":"The answer is sometimes, according to Kaste’s May 29 order. "}]

Kaste noted that Wyoming election law doesn’t dictate the state party’s membership directly. 

Freedom of association is a right, and it gives political parties some protection from state infringement, noted Kaste from a 1986 case called Tashjian v. Republican Party of Connecticut. 

But courts also use a balancing test called the Anderson-Burdick test when parties assert this right, and they consider how burdensome the state’s laws are on that right. 

If the burden is severe, the court judges the state’s infringement under a rigorous constitutional standard that most laws do not survive, called strict scrutiny.

But if the state is only imposing a “lesser burden” on the party, then the state’s important regulatory interests are usually enough to justify “reasonable, nondiscriminatory restrictions,” Kaste noted from an earlier case. 

State party leaders who were sued in this case claimed Wyoming violated the party’s rights. 

“Defendants are incorrect,” wrote Kaste.

The state laws impose minimal burdens on the party’s associational rights, and the state’s important regulatory interests justify them “amply,” said the judge. 

He added that the party relied on oblique cases while ignoring cases “that are more squarely on point.”

Wyoming law lays some tasks and formational requirements on the party, but the party’s role in filling vacancies is a privilege in which the state has an important interest, he added. 

The Wyoming laws challenged in this case impose only a minimal burden on the party, says Kaste’s order. 

The state has a legitimate interest in how office vacancies are filled, he wrote. 

“It would be a real problem if a vacancy occurred in a public office and the State had no one to call,” Kaste said, adding that the biennial election also ensures orderly election tasks, like nominating presidential electors before general elections

But Kaste’s order doesn’t address the endorsement and financial backing issue the party has raised in federal, not state court. That case is ongoing. 

Wyoming GOP Headquarters 5 6 30 26

<title>Wyoming Republican Party Appeals Judge's Order Telling It To Follow State Law | Cowboy State Daily</title>

The Wyoming Republican Party is appealing a judge’s ruling that its rules don’t trump state law in electing its leaders. Now the party is waging multiple legal challenges in which it argues that it may follow its bylaws over Wyoming law. 

Wyoming Republican Party Appeals Judge's Order Telling It To Follow State Law

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

Andrew Rossi

Public Safety

When does a reckless act in Yellowstone National Park qualify as child endangerment? It’s a question many people are asking after recent events in the park.

A photo circulating on social media shows a man carrying a child off the boardwalk in one of Yellowstone’s thermal basins. The photographer, Babi Lama, said he witnessed the incident near Grand Prismatic Spring.

"Dude is HOLDING HIS CHILD while walking around the thermal pools at Grand Prismatic Spring," he wrote. "What the hell is wrong with people?"

Yellowstone visitors of all stripes are routinely cited for 

 If any of these incidents involve a child, can the perpetrator be charged with child endangerment?

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

Greg Jackson is a former deputy chief for the U.S. Park Service’s Division of Law Enforcement, Security and Emergency Services in Washington, D.C. During his career, he was presented with several situations where a child endangerment charge was merited.

“I’ve done it before,” he said. “There are a lot of things that parents do that are placing children in danger but aren't necessarily obvious to them at the moment.”

After viewing the photo of the child-carrying man in Yellowstone, Jackson had several questions that would have factored into any citation.

“Generally, (Yellowstone) tries to prevent people from walking into hazardous areas,” he said. “I’m guessing there’s some system of warning people of the risk of that area that I can’t see in the photo.”

 posted throughout Yellowstone’s thermal areas. Boardwalks are the designated pathways to keep people safe.

Jackson also added that those same warnings are handed to every visitor, attached to the map they receive when entering the park.

“In a case like this, you’d attempt to document all the warnings that person had regarding the hazards, not just what may be apparent in the photo,” he said. “I’d want to know what signs were there. Is the area labeled as a geyser field or a thermal feature?”

[{"type":"text","marks":[{"type":"bold"}],"text":"Child Endangerment?"}]

Wyoming Statutes Title 6. Crimes and Offenses 6-4-403 lays out the legal parameters and ramifications regarding the abandonment or endangerment of children. It specifies that no parent, guardian or custodian of a child shall “knowingly or with criminal negligence cause, permit or contribute to the endangering of the child's life or health by violating a duty of care, protection or support.”

That’s where citing a Yellowstone visitor for child endangerment can become tricky. In Jackson’s view, those charges usually come when there’s more overt malice rather than simple ignorance.

“It depends on how obvious the danger is,” he said. “If you're obviously exposing your kid to what most reasonable people would see as a reasonable danger, (child endangerment) would be on my list of reasonable actions.”

Jackson said the difficulty with child endangerment charges, in this context, would be “articulating the circumstances” to justify the citation. That case could be easier to do in Yellowstone, given the uniqueness of the environment, he said.

“Most people don’t walk around on boardwalks,” he said. “The fact that there are boardwalks and sulfur-smelling steam coming out of the ground indicates something unusual is going on in Yellowstone. That, to me, indicates there’s something worthy of caution.”

However, Yellowstone’s unique environment might make it more difficult to charge someone with child endangerment.

“If it's a person who has absolutely no clue that the ground around them is hazardous, then I don't think that charge would be reasonable,” he said. “I think most reasonable people would say there’s a reasonable danger, but someone could genuinely not perceive that danger.”

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

Jackson recalled issuing charges for child endangerment and disorderly conduct during his time at Lake Mead in the southwest U.S. There, issuing those citations and charges was more clean-cut.

“There were a lot of boating regulations that had to do with safety,” he said. “It's fun to ride on the bow of a boat, but when you fall off the bow, go under the boat and into the propeller, that stops being fun.”

Jackson regularly cited parents for letting underage children pilot or ride on certain spots of watercraft that were prohibited. However, the decision to cite someone for child endangerment was “a bit of a judgment” that erred toward humanity over legality.

“You tend to give parents the benefit of the doubt, somewhat,” he said. “From a human standpoint, you want to believe that nobody in their right mind would intentionally endanger their own child.”

Jackson couldn’t say whether the Yellowstone visitor in the photograph was intentionally endangering his child, but he doubted it.

“Sometimes, people will throw caution to the wind and cross a line for a once-in-a-lifetime experience or photo-op,” he said. “They become so enthusiastic with their exuberance of getting their children an up-close experience of a geyser that they don’t appreciate the danger. This incident looks fairly benign.”

The “worst thing” Jackson could imagine is a parent or guardian who recognizes and doesn’t care about the dangers to which they’re subjecting their children. While it’s not unheard of, he considered that scenario and mindset exceptional.

[{"type":"text","marks":[{"type":"bold"}],"text":"Clear And Present Danger"}]

Overall, Jackson could see a case for charging parents with child endangerment or negligence for their actions in Yellowstone, but understands why park rangers might forgo such a charge.

“A child endangerment charge is going to depend on what the law says,” he said. “If they’re placing the child in danger, you're going to have to articulate that there was some danger and the person being cited was responsible for placing the child in that situation.”

In this instance, Jackson didn’t have enough information to say whether a child endangerment charge would have been appropriate.

“Was there danger? Yes. Was it apparent to the adult? I'm not sure. They might have been completely oblivious to the danger in that particular spot,” he said.

Child endangerment might stick more easily when it comes to wildlife offenses. Jackson’s seen plenty of people approach wild animals for photo-ops or try to get them to take food out of their hands.

“I never cited anybody, but I warned people that animals with big pointy things growing out of the top of their heads can really hurt their kid,” he said. “If you’re exposing your kid to an obvious danger, and the threat can be easily perceived, then there’s definitely a case to be made.”

Grand Prismatic guy holding kid 6 30 26

<title>Man Caught Carrying Child On Dangerous Yellowstone Grand Prismatic Thermal Pools | Cowboy State Daily</title>

Yellowstone visitors near the popular Grand Prismatic Spring were outraged Sunday watching a man carry a child on dangerous thermals pools. "What the hell is wrong with people?” said a visitor who got a photo of the incident.

Man Caught Carrying Child On Dangerous Yellowstone Grand Prismatic Thermal Pools

A Lincoln County man walked away from what the Wyoming Highway Patrol said could easily have been a fatal accident that sent his truck tumbling into the Snake River Canyon upstream from Alpine on Monday.

The Wyoming Highway Patrol responded to the incident at mile marker 124 on U.S. Highway 89. The call came in around 1:20 p.m.

“A Ford pickup was traveling southbound when the driver said he lost control of the vehicle,” WHP spokesman Aaron Brown told Cowboy State Daily. “He went into the opposite lane and sideswiped a car hauler.”

When the pickup cleared the car hauler, it went through the guardrail and tumbled down a steep embankment into the river. Brown said the vehicle rolled two to three times before coming to rest on its wheels, 20 feet into the Snake.

The driver walked away with minor injuries. He was treated and released from an Alpine hospital later that day.

[{"type":"text","text":"However, he didn’t escape without a citation."}]

[{"type":"text","text":"“We did issue a citation for failure to maintain lane,” Brown said."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Wear Your Seat Belt"}]

Brown said the driver was likely wearing a seat belt when the accident occurred. That was “probably what saved his life.”

“When people roll their vehicles and they're not wearing their seat belts, their bodies are going to find a way out of that car,” he said. “You’re going to be ejected, partially or fully. Either way, your chances of survival at that point are slim to none.”

Brown couldn’t confirm if the driver was wearing his seat belt. He believes the minor injuries the driver sustained and his ability to escape the vehicle on his own can’t be explained any other way.

“That vehicle was pretty crushed,” he said. “After rolling over three times and landing in the river, the driver walks away simply because he was wearing his seat belt.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Big Kahuna"}]

The incident occurred near a notorious spot in the Snake River Canyon called the Big Kahuna, the area's largest and most famous rapid.

Clint Erickson, the captain of Star Valley Search and Rescue, said the Big Kahuna is “infamous” among local river rafting guides and search and rescue volunteers.

“As far as water features on the Snake River, it's very well-known,” 

. “A lot of people surf on the Lunch Counter rapid, so it’s a well-known water feature.”

Big Kahuna is so infamous that the U.S. Forest Service placed an automated external defibrillator (AED) at the Red Creek Trailhead, a mile downriver, to potentially save anyone injured in the rapid.

“When people fall into the Snake River (at Big Kahuna), the general flow of the river puts them in that area,” Erickson said. “The AED is there in case someone has a heart attack after falling in.”

Joyce Balls, 89, of Rigby, Idaho, died after falling into the Snake River Canyon in June 2025 in another incident near that part of the canyon. She was picnicking at the Big Kahuna Overlook when she fell 100 feet into the river.

Jay Hokanson, deputy coroner with the Lincoln County Coroner’s Office, confirmed that Balls died from “injuries sustained in the fall.”

Truck in Snake River 735908997 1696244811656670 8467685573708929046 n 6 30 26 png

<title>Man Survives After Crashing Truck Through Guardrail And Plunging Into Snake River | Cowboy State Daily</title>

A Lincoln County man lost control of his truck, crashed through a guardrail, rolled several times and plunged 20 feet into the Snake River — yet walked away with minor injuries. Wyoming Highway Patrol ticketed the man for failure to maintain his lane.

Man Survives After Crashing Truck Through Guardrail And Plunging Into Snake River

Kolby fedore

Kolby Fedore

What first appeared to be an ordinary construction delay on a lonely stretch of highway west of Casper quickly turned into one of the 

 many of those involved had ever witnessed.

By the time emergency crews reached U.S. Highway 20/26 near mile marker 58 Friday afternoon, two people were dead, seven others had been injured, and strangers were comforting survivors, checking on children, searching for fire extinguishers and handing out bottled water.

On Monday, the Natrona County Coroner's Office identified the two people killed as James Faris Cox, 74, and Susan Horn Cox, 69, of Golden, Colorado.

"That was my aunt and uncle killed in the wreck Friday," their nephew Lee Wolfe told Cowboy State Daily. "They were on the way to their house in Ennis, MT. They lived in Golden, CO."

[{"type":"text","text":"He said the couple was traveling alone."}]

"It was just my aunt and uncle in their truck, no survivors," he said. "My two cousins and their families were heading up there at a different time thankfully."

[{"type":"text","marks":[{"type":"bold"}],"text":"Semi, Multiple Vehicles Involved"}]

The Wyoming Highway Patrol said the crash involved multiple vehicles, including a semi-truck.

"Two confirmed fatalities. Seven injured. Seventeen people involved, two flown by helicopter, the others were taken to Wyoming Medical Center by ambulance," Wyoming Highway Patrol spokesman Aaron Brown said. "This is still an active investigation." 

As of Monday afternoon, investigators had not released a preliminary cause of the crash, and no criminal charges had been filed.

The Natrona County Coroner's Office said it is investigating the fatalities along with the Wyoming Highway Patrol and Natrona County Sheriff's Office.

[{"type":"text","text":"Krista Nethercott of Jackson never saw the crash itself."}]

She had been traveling toward Casper with a neighbor after taking her son to enroll in college when traffic suddenly came to a stop.

[{"type":"text","text":"At first, she assumed the delay was caused by nearby road construction."}]

"There were these pylons on the right-hand side that kind of tell you there's construction," she said. "But there wasn't anything alerting you to slow down. There wasn't a flagger."

After waiting several minutes, she said she couldn't shake the feeling that something was wrong.

She stepped out of her vehicle and walked toward the front of the traffic backup.

"That's when I could see there were cars on both sides of the road," she said. "I was like, 'Oh my goodness.'"

Nethercott said she immediately ran toward the wreckage to make sure someone had called 911 and to offer whatever help she could.

She said she told him, "I'm a funeral director. I'll help you. I'm not scared to see death." 

Working with another bystander, she checked on the occupants of one of the most severely damaged vehicles — the Coxes' pickup.

"The gentleman was immediately deceased," she said. "The lady probably lived a couple minutes."

[{"type":"text","text":"She said both appeared to have been wearing seat belts."}]

The truck was crushed so badly, she said, that she believed rescuers ultimately would need the jaws of life to remove the couple.

"If the woman had lived longer, I don't think this gentleman and I could have ever taken her out of the vehicle," she said. "That's how crushed it was."

Despite witnessing the aftermath firsthand, Nethercott said she has no idea what caused the collision.

"I don't know if the semi-trailer didn't slow down and ran into people, or if somebody was trying to pass too many vehicles. I couldn't ascertain that at all. It was just mass metal and cars," she said. 

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

The crash occurred about 45 miles northwest of Casper, and Nethercott estimated it was roughly 30 minutes before ambulances and fire crews reached the scene.

"It seemed like it was a long time to see paramedics," she said. "But considering you're out in the middle of nowhere, I don't think they could have gotten there any quicker."

Long before emergency vehicles arrived, however, strangers had already organized themselves.

Nethercott estimated around 10 people got out of their vehicles and immediately began helping.

One man walked the line of stopped traffic asking whether anyone had a fire extinguisher. Another, who identified himself as working at a pediatric clinic, examined a young child who remained safely strapped into a five-point car seat while the boy's injured father tried to comfort him.

Others brought camping chairs for survivors to sit in while Nethercott handed out bottled water from her vehicle.

"There were people left and right getting out of their vehicles and trying to find anything that could be used," she said. "Whether it's water, an emergency medical kit or a fire extinguisher."

[{"type":"text","text":"The scene itself was almost impossible to comprehend."}]

"There was debris all over the place," she said. "Food, toilet paper, paper towels ... it looked like somebody had been camping. There was glass everywhere, bumpers everywhere."

[{"type":"text","marks":[{"type":"bold"}],"text":"'The Wyoming Way'"}]

The Natrona County Fire District described responders arriving to "a very chaotic scene" involving multiple damaged vehicles, a large debris field, numerous victims and a large bystander presence.

The response included firefighters from the Natrona County Fire District, ambulances from Mills Fire Department, Banner Wyoming Medical Center and Evansville Fire/EMS, Wyoming LifeFlight, Guardian Flight, the Natrona County Sheriff's Office, Wyoming Highway Patrol, WYDOT crews, dispatchers and road construction personnel.

[{"type":"text","text":"Fire officials said 17 people were directly involved in the crash."}]

In a statement, the department singled out the motorists who stopped to help before first responders arrived.

"Crews would like to send a heartfelt thank you to all the bystanders who assisted victims immediately after the crash, while waiting for help to arrive, as well as while responders were on-scene, offering shelter during the passing of a thunder cell, emotional support and minor patient care," they wrote. 

[{"type":"text","text":"\"The true spirit of the 'Wyoming Way' was in full force this day.\""}]

Nethercott said, "There were people left and right getting out of their vehicles and trying to find anything that could be used. They didn't sit around and wait for somebody else to do it."

[{"type":"text","text":"The moment she has replayed most, however, involved Susan Cox."}]

Although there was little anyone could do medically, Nethercott said she wanted to make sure the woman did not spend her final moments alone.

"We told her help was coming,” she said. "We don't know what happens when people are unconscious, but we wanted her to know somebody was there."

Only after that did she turn her attention to survivors who still could be saved.

Among those survivors is Kensi Van Patten. A 

 campaign organized on her behalf says she suffered serious injuries in the crash and faces a lengthy recovery while her family copes with mounting medical expenses. 

The fundraiser asks for donations to help with medical costs and lost income during her recovery.

The Wyoming Highway Patrol, Natrona County Sheriff's Office and Natrona County Coroner's Office continue to investigate the crash. 

Double Fatal Crash Go Fund Me 6 29 26

<title>Witnesses Describe Chaos, Compassion After Wyoming Crash That Killed Colo. Couple | Cowboy State Daily</title>

An older Colorado couple have been identified as the two people killed in a Friday multi-vehicle crash west of Casper. "We made sure she wasn't alone,” said a Jackson woman who was among those who stopped to help the couple and others hurt in the crash.

Witnesses Describe Chaos, Compassion After Wyoming Crash That Killed Colo. Couple

Employee kate meadows cropped

Kate Meadows

Around Wyoming

The Amish man at the center of a Crook County 

 has confirmed that the issue prompted him and his family to leave the state and says what was required of him by county officials is unconstitutional.   

Abe Yoder called Cowboy State Daily from a community phone near his property in Weldon, Iowa, on Saturday.

[{"type":"text","text":"The Amish historically do not use email or cellphones."}]

Yoder recently moved to Iowa, selling off much of his Hulett-area estate and taking his wife and nine of his 11 children with him.

“It does very much have to do with our sovereignty and rights,” he said.

Scott Pomerenke of Sundance, a friend of Yoder’s, put it this way: "They’re moving because they were pressured.”

[{"type":"text","text":"County officials say that was never the intention."}]

Yoder told Cowboy State Daily the county had threatened to fine him $10,000 per day per outhouse on his land that did not have a permit, threatened to take away his children, and asked him to sign a contract giving county officials permission to inspect the outhouses at any time.

County officials told Cowboy State Daily they did invoke financial incentive to get Yoder to comply with county regulations. They also point to a blanket clause on all county paperwork that asks for permission to inspect property. 

[{"type":"text","text":"But they vehemently deny anyone threatened to take away his children."}]

“There was no such thing,” said Caleb Peters, Crook County wastewater treatment specialist.

[{"type":"text","marks":[{"type":"bold"}],"text":"How It Started"}]

The dispute began in October 2024, when Crook County officials discovered several Amish property owners west of Hulett had built pit-style outhouses without the permits required under county wastewater regulations.

[{"type":"text","text":"Peters said he became aware of the issue through satellite imaging."}]

Some outhouses were not sealed or properly vented, he told Cowboy State Daily.

“There was a compilation of a whole bunch of things,” he said, which led him to reach out to the property owners.

While he did not have an exact number, Peters said he guessed about 20 outhouses did not comply with county regulations.

County commissioner Bob Latham said county code requires human-waste receptacles to be portable, pumpable or connected to a septic system.

“You have to build them correctly and permit them,” Crook County commission chair Fred Devish said.

Upon learning about the codes and permitting regulations, all but two families complied, Peters said.

Those families were the Abe and Elizabeth Yoder and Rudy and Irene Borntreger, he said. An estate moving sale was held for both families earlier this month. The Yoders moved to Iowa, the Borntregers to Wisconsin.

[{"type":"text","text":"Yoder told Cowboy State Daily he felt targeted and strong-armed."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Sovereignty And The Law"}]

Abe Yoder moved his Amish family from Wyoming to Iowa after he says Crook County officials threatened him with stiff fines and removing his children over outhouse permits. County officials deny those claims and say they only sought wastewater compliance.

Daily Smile: Thursday, May 9, 2024

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