One More For The Road

[{"type":"text","text":"We don't recommend trying this but it is impressive...."}]

One more for 8 21 24

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

<title>One More For The Road: Wednesday, August 21, 2024 | Cowboy State Daily</title>

We don't recommend trying this but it is impressive....

One More For The Road: Wednesday, August 21, 2024

 We don't recommend trying this but it is impressive....

Lubnau head 2

Tom Lubnau

Opinion

CSD Columnists

Election season is here, and the Freedom Caucus is touting its legislative achievements. 

[{"type":"text","marks":[{"type":"textStyle"}],"text":"The list is thin. "}]

They won a lawsuit affirming that printing fabrications on campaign flyers was permissible political speech, passed a series of constitutionally suspect abortion bills, advanced redundant election-fraud measures addressing a problem that has never affected a Wyoming election outcome, and claimed credit for energy production levels driven by market forces, not legislation.

They also passed a significant property tax cut without backfilling the lost revenue — a decision that has squeezed local schools, hospitals, fire departments, and emergency services.

The school recalibration bill deserves special mention. It fundamentally restructured Wyoming's school finance formula — the framework that has governed education funding for two decades. School finances are impacted and student activities are going to have to be curtailed.

Backlash has been fierce enough that the Freedom Caucus has taken to the airwaves to defend it.

But the real story of this legislative session is not what passed. It is what failed — and what would have happened had the Freedom Caucus controlled the House, the Senate, and the Governor's office simultaneously.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Start with the University of Wyoming. "}]

The Freedom Caucus pushed a bill cutting roughly $40 million — about 11 percent — from UW's block grant, while exempting the Colleges of Education and Agriculture from the cuts. That would have fallen disproportionately on the science, business, and law schools. The University would have been gutted.

A separate bill would have stripped $6 million from UW athletics, setting the program back a generation. The instability caused by this cut would have impacted Wyoming athletics for a generation.

Then there was the misnamed "Second Amendment Protection Act." 

The bill imposed a $50,000 civil penalty on any Wyoming law enforcement agency that cooperated with federal authorities on firearms-related enforcement. 

The practical consequence: an officer assisting a federal agent who asks a suspect to put down a weapon could trigger the penalty if the suspect turned out not to be the intended target.

Every sheriff in the state opposed the bill. It passed both chambers anyway — and was vetoed by the Governor. Officers and departments who put their lives on the line daily were spared financial ruin for split-second judgment calls.

Three energy bills died in the Senate after passing the House: a moratorium on new solar and wind projects, repeal of the three-year tax exemption for wind energy production, and elimination of condemnation rights for electric generation collector systems.

Whether one supports or opposes renewable energy, legislation that arbitrarily picks winners and losers increases political risk and discourages investment in Wyoming across the board.

The gloriously named, "Fifth Amendment Protection Act" — the Checkgate bill — failed in the Senate after a supporter distributed checks on the House floor to legislators who subsequently voted for the measure. 

The House found no impropriety. The Senate disagreed, and the bill died there. Institutional integrity, at least in one chamber, held.

A bill restricting state investment in companies with DEI programs died after analysis showed it would cost Wyoming's portfolio hundreds of millions of dollars in foregone returns. Writing ideological checks with the state's investment account turned out to be a bad idea even by purely financial standards.

A charge to purge libraries of so-called pedophiles collapsed for the simple reason that no evidence existed of any pedophile employed in a Wyoming library. Expect the issue to reappear in campaign mailers regardless.

State employee cost of living increases would have never happened.  In the debate about the increases, Rep. Trey Sherwood, D-Laramie commented “I know this is a huge dollar amount, “But our greatest asset is our people — the people who come to work every single day so passionate about what they do.”

Freedom Caucus stalwart, Rep. Ken Pendergraft, R-Sheridan, countered, “I would say our greatest asset is the taxpayer.”

I guess we’ll see how that comment shakes out with the voters.

Finally, the budget. The Freedom Caucus could not pass a budget in its first session controlling the House. In its second, it spent forty hours debating amendments only to have its conference committee surrender the entire House position to the Senate in fifteen minutes.

The Senate's version prevailed. Had the Freedom Caucus controlled both chambers, Wyoming would currently be operating under a disastrous budget.

When you vote this fall, remember the full record. Some of the most consequential work done in Cheyenne this session was the legislation that never became law.

If the Freedom Caucus takes control of the House, Senate and Governor’s office this session, which is their stated goal, Wyoming will be a vastly different place that it is now.

Be cautious that your vote is not a vote to burn down the state.

Tom Lubnau served in the Wyoming Legislature from 2004 to 2015 and is a former Speaker of the House. He can be reached at: YourInputAppreciated@gmail.com

<title>Tom Lubnau: Freedom Caucus, What Did Not Happen Matters, Too | Cowboy State Daily</title>

Columnist Tom Lubnau writes, "If the Freedom Caucus takes control of the House, Senate and governor’s office this session, which is their goal, Wyoming will be a vastly different place. Be cautious that your vote is not a vote to burn down the state."

Tom Lubnau: Freedom Caucus, What Did Not Happen Matters, Too

Jen kocher

Jen Kocher

Crime & Courts

Law Enforcement

For more than 30 years, the body of an unidentified woman discovered in the remote desert along Interstate 80 in rural Nevada has kept her secrets hidden.

The woman, known colloquially as “Shafter Jane Doe,” had been beaten and shot in the chest and back.

Her nude body was posed on the ground, arms extended to either side in the shape of a cross with legs slightly parted.

Less than a week after her death on Nov. 16, 1993, a geologist who had pulled off at the remote Shafter exit off I-80 to stretch his legs discovered her body, according to news reports from the time.

Later investigation in 2010 revealed that the woman had spent seven months in Afton, Wyoming, which was determined through the isotope testing. 

For years, her donated headstone has read, “Who Am I?”

Now more than 32 years after the gruesome discovery, authorities finally have an answer.  

Her name is Marion Hertha Alexander, who was a German immigrant who moved to California with her family in 1972.

After a decades-long investigation, members of the Elko County Sheriff’s Office and other law enforcement partners told the Elko County Commissioners on Thursday afternoon that they identified her through the use of advanced DNA testing and forensic genetic genealogy.

The decades-long investigation also revealed the woman was in Afton, Wyoming, for about seven months before she was murdered. 

Alexander left home around age 18, and her family told investigators that Alexander was a free spirit who liked to drift around.

Her family questioned where she had gone, but given her lifestyle, they did not report her missing to law enforcement.

Her living family members were notified of the identification in January of this year, Elko County Sheriff’s Office Lt. Douglas Fisher stated, and continue to be in touch with law enforcement.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"No Justice"}]

Her suspected murderer, however, will not see justice.

Authorities were closing in on Roger Lee Durkee of Milwaukee, Wisconsin, who was identified through semen found on a vaginal swab that yielded a full DNA profile, authorities said.

The profile was run through the FBI’s Combined DNA Index System (CODIS) but did not result in a match, so the Elko County Sheriff’s Office contracted a private group to perform forensic genetic genealogy analysis in February 2022 that led to Durkee as a potential suspect.

Further investigation indicated that Durkee was likely the murderer, but as detectives began planning their trip to Wisconsin to make an arrest, they learned that Durkee had died on Nov. 13, 2025.

He died within 14 days of detectives learning Alexander’s identity.

Now, however, Alexander will be properly laid to rest.

The Elko Sheriff’s Office asked the commission — and were granted — money to buy a proper headstone to finally put her to rest.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Piecing Together Mystery"}]

Authorities worked for decades to identify Alexander through the use of several forensic tools.

Initially when she was discovered, Alexander’s face was beaten beyond recognition, so the FBI created a computer-generated image of her likeness to help local authorities attempt to identify her, according to a 1993 article by the Elko Daily Free Press.

Along with her image, authorities had little else to go on.

They were able to extract a partial print from her right thumb, which did not find a match in any federal databases.

The only other identifying characteristics were what appeared to be a burn scar or birth mark on her right calf, pink fingernails that looked to be professionally done and a tooth that had undergone a partial root canal, according to the same article.

A portion of her skull was sent to the Minnesota State Crime Lab, according to reporting from the Casper-Star Tribune, where her DNA was extracted and run through databases with no match.

They turned to the media and a national crime show, but no viable leads to her identity were forthcoming.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Human Time Capsule"}]

A big break came nearly two decades later with the advancement of using stable isotopes that tracked Alexander to Afton, Wyoming.

This discovery came in 2010 when scientists at Utah State University were able to determine she had spent the past seven months in Afton by analyzing isotopes in her hair that traced her to the area.

Though not new science, this application of stable isotope analysis has transformed how law enforcement solves cold cases, said Christy Mancuso, an assistant research professor at the University of New Mexico and sales representative for Thermo Fisher Scientific.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Mancuso knows the science well."}]

She got her doctorate degree in biology from the University of Utah and was affiliated with the stable isotope lab, where her thesis advisor, Jim Ehleringer, started the now-shuttered IsoForensics lab.

She wasn’t familiar with Alexander’s case, but said that stable isotope analysis is an excellent tool for helping to identify remains.

Essentially, humans are like time capsules of chemical information that are stored within one’s bones, teeth and hair, Mancuso said, which helps trace that person to a generalized location.

Humans living in these various regions incorporate the stable isotope signal from their drinking water and food that correlate to particular regions.

When forensic scientists analyze human remains, they examine the various stable isotopes — carbon, nitrogen, oxygen, hydrogen — that act as chemical signatures reflecting what a person consumed and where they lived during their lifetime, both recent and past.

Every geographical location has a unique chemical composition evident in its local water and food sources, soil composition and climate, Mancuso explained.

Researchers can then track these predictable geographical patterns using isotope maps called “isoscapes” to identify likely regions where that person lived or traveled.

Hair in particular, which was used to trace Alexander to the Afton area, serves as an excellent linear time recorder of isotope information because it grows at a predictable rate of about one centimeter per month and provides a chronological record in its keratin protein structure, Mancuso said.

In this case, isotopes in Alexander’s hair matched those in drinking water that suggested she’d lived in the that particular area of Wyoming for the past seven months.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Great Basin Murders"}]

Alexander is thought to be one of about nine victims killed between 1983 and 1997 across four states in the Great Basin geographical area that includes Wyoming, Utah, Nevada and Idaho, and dumped along interstates in the remote arid watershed.

Many had been sexually abused or assaulted and either strangled, shot or stabbed.

Some were posed like Alexander, including another Jane Doe found in rural Elko County in July 1972 who also had been shot twice with her body posed to resemble a cross.

Initially, it was thought that one serial killer might be responsible for all the deaths, but it was quickly determined that most the murders were committed by different people.

The first victim was thought to be 23-year-old Janelle Johnson, who was hitchhiking from Denver to Riverton in February 1983 and was last seen at a truck stop in Sinclair, Wyoming.

The aspiring model was found less than a month later in a shallow grave near Shoshoni, Wyoming, according to the national nonprofit Parents of Murdered Children.

 in March 1988, was also among the young women killed.

Her body was found floating in the North Platte River near Casper and it took until 2004 to bring her killer to justice.

Eaton had also been suspected in Alexander’s murder because he had reportedly lived in the Elko area at the time and had been arrested for domestic violence, according to a 2010 report by the Elko Daily Free Press.

One of the other Wyoming victims, who remained unidentified for years and was known as “Bitter Creek Betty,” was identified in 2025 as Irene Vasquez.

Both Vasquez, and Cindi Arleen Estrada, who had formerly been known as “I-90 Jane Doe,” 

were determined to be victims of Clark Perry Baldwin

Baldwin, a long-haul truck driver who was convicted of murdering a woman in 1991 in Tennessee, was 

Other victims affiliated with this geographic region and time period are Vicky Lynn Perkins, 19, who vanished from Oregon and whose body was found two months later off 1-70 in Emery County, Utah, in May 1989.

Two more victims were found within one month of each other in 1991.

The badly beaten deceased body of Ermalinda Garza Sherman was found in St. George, Utah, in April while a Jane Doe, later identified as Barbara Kaye Williams, was found in Salt Lake City in March.

Shafter Jane Doe inset 6 3 26

<title>32 Years After Her Posed Body Was Found Along I-80, ‘Shafter Jane Doe’ Identified | Cowboy State Daily</title>

More than 32 years after her body was found along I-80, the woman known as “Shafter Jane Doe” has been identified, officials announced Thursday. Her nude body was posed on the ground, arms extended to either side in the shape of a cross.

32 Years After Her Posed Body Was Found Along I-80, ‘Shafter Jane Doe’ Identified

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

Clair McFarland

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.

Kelver, who was manager of the bar at the time, said this created tension "because we have had, you know, incidents in the past with hateful vandalism and people making a fuss about our pride flags being up and stuff like that."

Kelver has since stepped away from the manager job to deal with the case.  

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.

Durham reportedly shoved Kelver to the ground. Kelver said Wednesday that this caused a back injury. 

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 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"}]

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.

One More For The Road: Wednesday, August 21, 2024

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