After failing a firearms laboratory proficiency test, the Wyoming State Crime Laboratory is now arranging for evidence re-testing in more than 400 cases from the past decade, the state’s top law enforcer told lawmakers Thursday.
The Wyoming Division of Criminal Investigation’s state crime lab took an annual firearms proficiency test last November and learned of an “unsatisfactory result” in late February of this year when the test results were published, state Attorney General Bridget Hill told the legislative Joint Judiciary Committee in a Thursday meeting in Cheyenne.
“We immediately began speaking to our accrediting board to determine what corrective action we needed to take,” said Hill. “During the initial steps of corrective action, additional problems were found — or additional concerns ... particularly with microscopic examinations.”
In May, the lab suspended its firearms unit’s work within the lab, but started contracting with experts to continue the work, she said.
“It’s being done under a contract we have with some experts,” she said.
For example, an FBI special agent testified in the U.S. District Court for Wyoming last week that the state lab couldn’t test bullets in the firearms violation case of Adam Aviles Jr., whose girlfriend went missing last autumn around the same time authorities discovered blood and fired bullets in his Dodge Durango.
Wyoming sent those test subjects to Montana, the agent said.
Big Lookback
To appease its accrediting agency and address the issue, the lab is now having to arrange the re-testing of more than 400 prior analyses, Hill told the committee.
She said her office has told prosecutors, the state defense bar and law enforcement agencies to consider whether any firearms tests should be prioritized above others, specifically in cases where the outcome — such as a conviction — relied on firearms evidence.
“I just want to assure you we’ll continue to take those corrective actions to make sure we’re complaint with the law, but also to determine the root cause of the problem,” she said.
Her hope is to get the lab back to its work, she said, adding that the issue didn’t affect parts of the lab outside the firearms unit.
Rep. Mark Jennings, R-Sheridan, questioned why a 10-year lookback is necessary for re-testing when the lab only failed its annual test last year.
Hill said that’s a standard of the lab’s accrediting body, the ANSI National Accreditation Board, according to a later statement from DCI.
“I imagine it’s a heavy lift,” Rep. Karlee Provenza, D-Laramie, said at the meeting.
She also asked how long it would take and what the cost would be.
Hill said she didn’t have a great estimate on the timeframe. As for the contracts for the reviews, Hill said her office could pay for those within its existing budget.
Third Call
DCI Director Ronnie Jones echoed many of Hill’s points in an email statement sent Friday to Cowboy State Daily.
He said DCI told its customers, such as police agencies and attorneys asking for evidence, of the situation May 1. Then it suspended the lab’s activities May 23.
As to what caused the test failure specifically, Jones said the investigation is ongoing and it would premature to say.
Not only will the lab stay suspended during the review of past tests, but also during a review of the unit’s internal policies and procedures, he said.
DCI has now sent three notifications to state and federal prosecutors and defenders, he added.
Hill cast the failure as part of a bittersweet year. She also drew attention to the lab winning the 2023 Foresight Maximus Award for efficiency.
Contact Clair McFarland at clair@cowboystatedaily.com
The Wyoming State Crime Lab in Cheyenne. (Greg Johnson, Cowboy State Daily) 
The Wyoming State Crime Lab in Cheyenne. (Greg Johnson, Cowboy State Daily)
Clair McFarland can be reached at clair@cowboystatedaily.com.
