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Jake Nichols

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

<title>Morning Show with Jake - Monday, October 7, 2024 | Cowboy State Daily</title>

Jake in the 307. Weekday mornings 6 - 10 a.m.

Morning Show with Jake - Monday, October 7, 2024

 It's the Cowboy State Daily Morning Show With Jake. Weekday mornings 6 - 10 a.m.

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

Clair McFarland

Government & Politics

A federal judge declined Thursday to make Wyoming and Nebraska irrigation districts open a competitive bid for the sake of a drilling company that missed out on the chance to bid a $100 million job on the Goshen County tunnel project.

But the judge also ruled that Drill Tech Drilling & Shoring Inc. 

, at this phase, in claiming that the Wyoming-based Goshen County Irrigation and Nebraska-based Gering-Fort Laramie Irrigation Districts violated their states’ public-records laws by not giving information the company had requested.

[{"type":"text","marks":[{"type":"bold"}],"text":"Lock In"}]

Drill Tech Drilling & Shoring Inc. filed a federal lawsuit against both districts in May.

The lawsuit asked U.S. District Court Judge Scott Skavdahl, of Wyoming, to intervene in what Drill Tech called an unlawful bidding process that cut it out of the opportunity to win a job on the massive tunnel repair.

One of the two 119-year-old tunnels suffered a catastrophic failure in 2019. The other is reportedly in dire need of a rebuild.

The districts assigned Atkinson Construction LLC as construction manager at-risk (CMAR) over the project, which means Atkinson can oversee and work with subcontractors, court documents say.

Drill Tech alleged that for the $100 million drill project it had sought to perform, the irrigation districts should have held — and didn’t hold — a competitive bidding process. The districts gave the job instead to their CMAR, Atkinson, court documents say.

[{"type":"text","text":"In his Thursday order, Skavdahl countered. "}]

He said the laws of both Wyoming and Nebraska appear to support the CMAR’s authority to self-perform this kind of work. Drill Tech has not shown substantially that it has a right to enter a competitive bidding process for this project, he added.

Skavdahl wrote that requiring the districts to pause or backtrack their work and hold that bidding process could harm the agricultural community by stalling the long-awaited repairs even longer — and he declined to do that.

The public has an interest in government entities abiding by the open bidding process, wrote Skavdahl.

“On the other hand, the Irrigation Districts are right that ensuring irrigation water to the thousands of acres of farmland served by the tunnels is also in the public interest,” he added. “In light of Drill Tech’s failures (to show it deserves court intervention) as well as the serious risks to the farmers and public from another tunnel collapse following any delay in this construction project, the preliminary injunction requested by Drill Tech is more contrary to the public interest than in support of it.”

Drill Tech had waited several months to sue, though it had reportedly learned it had been cut out of the job last summer, Skavdahl noted.

He declined to let that delay kill the case altogether, but he factored the delay into his decision not to order the open bid.

The judge’s order doesn’t end the case. It just denies Drill Tech’s request to have Skavdahl intervene in this early phase.

Skavdahl gave his early conjectures that Drill Tech isn’t likely to win on the bidding question, only for the purposes of declining to compel the districts to change course immediately.

[{"type":"text","marks":[{"type":"bold"}],"text":"Might Win That One"}]

Drill Tech had also accused both irrigation districts of violating their states’ open meeting laws and assigning the job in secret.

[{"type":"text","text":"Skavdahl said the company looks unlikely to win that challenge as well."}]

But, the judge wrote, Drill tech appears likely to win two of its claims: that the Wyoming irrigation district and the Nebraska one both violated their states’ public-records laws by not giving Drill Tech information it had requested.

[{"type":"text","marks":[{"type":"bold"}],"text":"Background"}]

The complaint says the two districts contracted Atkinson to be the construction manager at risk and provide oversight for the Fort Laramie Canal Tunnel 1 and 2 rehabilitation project.

That project is expected to benefit more than 100,000 acres of farmland across eastern Wyoming and western Nebraska.

 that the U.S. Department of Interior has chosen to use $100 million of its $889 million One Big Beautiful Bill appropriation on the tunnel project.

The tunnel collapsed July 17, 2019, cutting off irrigation water to the region and flooding fields. The infrastructure was more than a century old.

Temporary repairs restored most of the system’s capacity in time for the 2021 season, but it still needs long-term solutions. Repairs to Tunnel 2 also are in the works so that it doesn’t suffer the same catastrophic failure.

During the bidding process, Drill Tech’s complaint alleges, the two irrigation districts confirmed Atkinson would have to comply with Wyoming and Nebraska laws, and that it may be able to self-perform the construction work in the project, but would competitively bid that work.

But 18 months after Atkinson became the project manager, the districts “fundamentally changed the (manager’s) agreement to allow Atkinson to self-perform all the construction work for the Project under the guise of a contract amendment,” the complaint alleges.

This transformed the contract into a standard prime contract for the massive project “with no competition for the construction work,” says Drill Tech’s complaint. 

The project manager no longer had to open competition to the public bidding process, it adds.

Drill Tech Drilling and other interested parties were cut out of the process, the complaint says.

[{"type":"text","marks":[{"type":"bold"}],"text":"Asking For Documents"}]

Drill Tech didn’t ask to become the project manager because it wanted to work on the tunnel rehabilitation work packages instead, the complaint says, adding that Drill Tech has experience with the method that project requires.

On July 25, 2025, Drill Tech sent a letter to the two districts, the U.S. Bureau of Reclamation and one of the project designers, HDR Inc., to raise concerns that Atkinson was no longer required to bid projects competitively and in public.

Drill Tech noted in that letter that it had been monitoring the project for two years, waiting for the bid advertisement.

Nearly a month later, the Goshen County Irrigation District’s attorney acknowledged the district had received the letter and thanked Drill Tech for its “continued interest in the Project,” court documents say.

That December, Drill Tech submitted public-records requests to both districts under the public-records laws of each state, the complaint says, asking for all post-award modifications and amendments regarding the project manager’s agreement, and for a copy of the procurement plan.

The Nebraska-based district never responded to that request, the complaint says. The Wyoming-based district reportedly responded two months later, Feb. 10, 2026.

Goshen District’s public records yield was “heavily redacted,” says Drill Tech’s complaint. The district claimed those redactions were justified as trade secrets, privileged information, confidential commercial, financial, geographical or geophysical data.

The complaint disputes that. It shows a side-by-side comparison of the same page of the scope of the project manager’s services.

The page that was publicly released in the request for proposal, and the page Drill Tech received in its public records request, are vastly different, with the latter about 75% or more redacted.

“Reactions such as these were pervasive” throughout the agreement, the complaint says.

[{"type":"text","marks":[{"type":"bold"}],"text":"Transparency"}]

Copies of the changes to that agreement also had “pervasive redactions,” it adds.

Still, says the document, Drill Tech learned that the agreement was amended before Drill Tech’s July 25, 2025, letter requesting information about whether public bids were still required.

The complaint says the district knew the agreement had already been changed to edge out competitive bidding, but didn’t tell Drill Tech that when the company asked.

The complaint also says the district didn’t provide notice of an important public meeting.

By Feb. 20, 2025, the Goshen district board voiced concerns about HDR’s original maximum price estimate of $87 million swelling to more than $120 million, the complaint relates from the meeting minutes.

HDR proposed a confidential guaranteed maximum price proposal and non-disclosure agreements so there would be “no worry about (Atkinson) getting underbid,” the document alleges.

There was, the complaint says, no documented vote for Atkinson to self-perform the task they were discussing without publicly bidding the work packages, but the district did vote to approve changing the design plan.

It’s “entirely” unclear what role the Nebraska-based district played here because it didn’t respond to Drill Tech’s public records requests, the complaint alleges.

The document says that on July 8, 2025, the Goshen district and Atkinson signed an amendment to change the agreement, so that the latter was no longer required to advertise bids or publicly open them.

In the July 17, 2025, meeting minutes, “Atkinson was already apparently working with a vendor for the digger shield, but there was no indication that Atkinson has publicly bid or competitively awarded the subcontract for the digger shield.”

Irrigation Tunnel Gary Stone Nebraska Extension 5 4 26

<title>Judge Says $100M Goshen Tunnel Project Won’t Stop For Company That Couldn't Bid | Cowboy State Daily</title>

A federal judge declined Thursday to pause the $100 million Goshen Tunnel project for a company that missed out on a chance to bid on the work. He also ruled the company has a valid case against two irrigation districts in charge of the tunnel.

Judge Says $100M Goshen Tunnel Project Won’t Stop For Company That Couldn't Bid

Politics

The town of Glenrock has had Flock cameras at its entrances for about two years, the police chief said Thursday.

Glenrock Police Chief Colter Felton said the media hasn't reported on the license plate reader cameras and the community didn't express outrage over them, and they've been mounted for about two years. 

Cowboy State Daily contacted Felton about the cameras after a public-records request revealed that Felton, on Glenrock's behalf, secured a Wyoming Department of Transportation permit to mount readers on highway rights of way. 

Though Felton had little drama to report, the town's state-level legislative representative, Rep. Kevin Campbell, told Cowboy State Daily he disapproves of the system and sees the practice as an irreversible spiral toward fewer rights and more surveillance. 

Campbell's Republican primary election opponent Edis Allen declined to comment on Glenrock's system specifically because he hasn't seen it, but said he also disapproves of the surveillance systems generally.

[{"type":"text","text":"The Records Request "}]

Cowboy State Daily submitted a public-records request last month to obtain all Wyoming Department of Transportation permits granted to entities for mounting license plate reader cameras along highways.

The agency’s records return showed the already-known camera presence 

It also showed that the town of Glenrock, through Felton, secured a permit to mount Flock license plate reader cameras on highway rights of way north of the Rolling Hills area.

Felton said in a Thursday phone interview that his agency has cameras at every entrance to town.  

No controversy erupted at a town council meeting on the matter in 2024, said Felton.

“We put out information about it and talked about it in council meetings,” he recalled. “We really didn’t get a ton of, I guess, people showing up to talk about it, or with any sort of issue.”

One person came to a meeting held in Rolling Hills and “had some discussion,” the chief added.

[{"type":"text","text":"Glenrock’s Legislator, And His Opponent, Dislike This Tech"}]

But on Friday,  Campbell told Cowboy State Daily he first learned of the cameras’ existence about a year ago, and isn’t in favor.

“Anytime we give something up we never get anything back; that’s my biggest concern with them,” said Campbell. “In today’s world we’ve already given up so much. Everywhere you go nowadays you’re on camera. Ring cameras, security cameras … I just hate to see our nation going that way.”

Campbell said he understands the systems are useful. For example, Wyoming still has cattle rustlers, along with other crimes involving getaway vehicles.

He said he’s unsure if he might do anything about the cameras if reelected to the Legislature this year, but added, “If anybody has any questions or comments, or if there’s concerns out there, I’d be willing to listen.”

[{"type":"text","text":"In his own Friday interview, Allen said he hadn't seen the cameras."}]

But of the surveillance technology buildout in general, Allen said he disapproves.

“Our friends Britain are chopping those things down, and I think they’re kind of invasive,” said Allen. “Any camera that just watches the public, I think, is a bad idea. That’s something you shouldn’t have in a free society; we should be able to move freely without being tracked.”

[{"type":"text","text":"Senator Says He’s Looking Into It"}]

Cheyenne residents clashed publicly this year over the city’s license plate reader system. So too have the residents of Jackson, in Wyoming’s richest region.

And on June 18, when Cowboy State Daily broke the news that the U.S. Drug Enforcement Administration had contracted camera placements with the Wind River Intertribal Council representing both the state’s American Indian tribes, controversy unfolded.

Sen. Cale Case, R-Lander, called the nation’s camera buildout “somewhat ‘1984’-ish” and “a big step in our surveillance society.” 

 on Cowboy State Daily’s Morning Show With Jake, he promised to “look at” the issue as a state legislator. He voiced approval of the Institute for Justice's proposed legislation to require Fourth Amendment guardrails on the systems.

[{"type":"text","text":"Misinformation"}]

Felton said he doesn’t know why Glenrock has produced less controversy than elsewhere. But he has a theory.

“I like to believe it’s due to the trust they have for us, in law enforcement,” he said. “But I can’t speak on others’ behalf.”

On the other hand, Felton theorized that much of the outrage nationally traces to misinformation about the cameras.

They capture images of license plates and alert

 law enforcement if a plate is flagged in conjunction with a criminal or crisis incident, Felton said. Officers then can investigate the plate number and continue the investigation from there, he added.

definition by the International Association

 of Chiefs of Police says the cameras might capture the likenesses of vehicle occupants as well.

Felton said that hasn’t been his experience. He invited Cowboy State Daily to watch the system in action and, with the outlet’s deadline not allowing for that, he sent a photograph the system shot of a police vehicle, which shows the 

 plate number but doesn’t show occupants

“I have nothing to hide,” said Felton. “I will tell you our cameras are strategically placed, so we’ll know simply if a vehicle comes out or into Glenrock. I couldn’t tell you anything about what a person does in the vehicle.”

The main focus is public safety, he said, including any potential bank robberies, kidnappings, “those types of things.”

[{"type":"text","text":"About These Permits"}]

Upon learning that agencies need to secure a WYDOT permit to mount cameras on highway rights-of-way, Cowboy State Daily asked WYDOT for copies of all those permits.

The permit records don’t cover the cameras that don’t sit on highway rights of way, which might include many within towns.

The Wind River Intertribal Council consists of six executive-branch governors from the Northern Arapaho Tribe and six from the Eastern Shoshone Tribe. It signs off on intertribal resolutions affecting both tribes, which share the Wind River Indian Reservation in central Wyoming.

The Intertribal Council and the DEA together secured permits to mount Neology P500 “Iris” series cameras at the entrances to the reservation in the spring and summer of 2025, the documents show.

One mount sits just south of the Shoshone Rose Casino & Hotel on Highway 287. Another is on Gas Hills Road north of Riverton, near where it forks from Highway 789. And another set are on both the east and west side of that highway, also just north of Riverton and just south of the tribal-run Wind River Hotel and Casino.

Glenrock and Flock 7 3 26

<title>Unlike Other Areas In Wyoming, Glenrock's Flock Cameras Bring Little Drama | Cowboy State Daily</title>

Other cities in Wyoming have clashed over license plate reader cameras. Meanwhile, Glenrock's Flock system has gone without drama for the roughly two years it's been in place. But a local legislator worries about fewer rights and more surveillance.

Unlike Other Areas In Wyoming, Glenrock's Flock Cameras Bring Little Drama

Kolby fedore

Kolby Fedore

Crime & Courts

Courts

The Haitian truck driver convicted of killing one Rawlins EMT and severely injuring another in a catastrophic Interstate 80 crash more than three years ago is asking the Wyoming Supreme Court to overturn his convictions, claiming prosecutors failed to prove the one thing jurors had to find beyond a reasonable doubt: that he acted recklessly.

Saviol Saint Jean, who was convicted last September after a weeklong jury trial in Sweetwater County, filed his opening appeal brief Tuesday.

Rather than claiming juror misconduct or errors by the trial judge, Saint Jean's attorneys contend the evidence itself wasn't enough to support guilty verdicts for aggravated homicide by vehicle and aggravated assault and battery. 

The case stems from the predawn hours of Dec. 21, 2022, when Saint Jean's semitrailer slammed into a parked ambulance that had responded to an earlier crash on Interstate 80 near Green River.

 and seriously injured ambulance driver 

Earlier this year, District Court Judge Suzannah Robinson 

Saint Jean to serve 12-14 years in prison, saying Harris' death was "preventable" while acknowledging Saint Jean had shown genuine remorse. 

During sentencing, Saint Jean apologized through an interpreter, telling Harris' family he wished he could "turn back time" and had never intended to hurt anyone.

[{"type":"text","text":"Now he is asking the state's highest court to erase those convictions."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Reasonable Doubt?"}]

The appeal focuses almost entirely on one legal question: whether prosecutors proved Saint Jean acted recklessly.

Under Wyoming law, prosecutors had to convince jurors that Saint Jean consciously disregarded a substantial and unjustifiable risk — not simply that he made a mistake or caused a terrible crash. 

"The state failed to prove, beyond a reasonable doubt, that Mr. Saint Jean acted recklessly," Assistant Appellate Counsel Brittany Thorpe wrote.

Instead, Thorpe argues, the evidence showed Saint Jean "misperceived the risk and defaulted to his training, which told him to slow down and change lanes."

[{"type":"text","marks":[{"type":"bold"}],"text":"'Like The Las Vegas Strip'"}]

Jurors heard dramatically different explanations during 

Sweetwater County Attorney Daniel Erramouspe argued the crash scene was impossible to miss.

"It was lit up like the Las Vegas Strip," he told jurors during closing arguments, pointing to emergency lights, flashing hazards and other truck drivers who had safely navigated the area before Saint Jean arrived.

Erramouspe argued Saint Jean tried to "thread the needle" between disabled vehicles instead of slowing enough to safely negotiate the scene, calling that decision reckless.

The prosecution also emphasized that another commercial driver encountered the same wreck moments earlier but successfully avoided it.

Saint Jean's trial attorney, Joseph Hampton, painted a very different picture.

He argued Interstate 80 had become an extraordinarily dangerous maze after an initial collision between another semitruck and a pickup hauling a trailer blocked both lanes of travel with wreckage and debris.

The interstate, Hampton argued repeatedly, should have been closed before Saint Jean ever arrived.

[{"type":"text","marks":[{"type":"bold"}],"text":"'Imperfect Decisions'"}]

[{"type":"text","text":"Those same arguments now form the backbone of Saint Jean's appeal."}]

According to this week’s appeal, the initial crash blocked the right lane with one semi while trailer debris clogged the left lane. Another commercial truck stopped on the left shoulder after narrowly avoiding the wreckage, leaving little room for approaching traffic.

The appeal adds that no one had deployed emergency triangles, flares or warning cones before Saint Jean reached the scene. Instead, the brief argues, flashing emergency lights were the primary warning to approaching drivers. 

Attorneys also point to trial testimony that investigators could not determine the ambulance's exact location before it was struck.

"There was very little evidence" showing exactly where the ambulance had been parked, the appeal notes, citing Wyoming Highway Patrol testimony. 

[{"type":"text","text":"The defense says Saint Jean wasn't ignoring danger."}]

[{"type":"text","text":"Instead, the appeal argues he responded exactly as he had been trained."}]

Testimony highlighted throughout the filing says Saint Jean reduced his speed by at least 20 mph, changed lanes away from emergency lights and began braking after realizing the ambulance was actually occupying the lane he had entered. 

Commercial driving instructors testified during trial that slowing down and moving away from emergency vehicles is nationally accepted CDL training.

The appeal also points to defense experts who testified Saint Jean likely misjudged the ambulance's location because of glare from emergency lights, darkness and the unusually complex geometry of the crash scene.

One defense expert testified that drivers often recognize hazards but still make imperfect decisions when confronted with sudden emergencies.

According to the appeal, Saint Jean wasn't distracted by a cellphone, wasn't listening to the radio, and wasn't fatigued. His attorneys also note he had only been driving commercial trucks for a few months and had traveled that stretch of Interstate 80 only a handful of times. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Comparing Cases"}]

Saint Jean's conduct doesn't resemble other Wyoming aggravated vehicular homicide cases that have survived Supreme Court review. 

Thorpe contrasts Saint Jean's case with previous decisions involving drivers who inhaled intoxicants before driving, knowingly drove while dangerously fatigued or sped recklessly through traffic while ignoring obvious hazards.

Instead, the appeal relies heavily on a 2020 Wyoming Supreme Court decision overturning another aggravated vehicular homicide conviction because prosecutors failed to prove the driver consciously disregarded fatigue before a fatal crash.

Like that case, Thorpe argues, Saint Jean may have made a tragic mistake, but prosecutors never proved he consciously ignored a known risk. 

The Wyoming Attorney General's Office will now file a response defending the convictions before the Wyoming Supreme Court considers the appeal.

The justices could affirm the convictions, reverse them outright or order additional proceedings in district court.

For the Supreme Court, the question is whether the evidence presented to jurors was legally sufficient to prove beyond a reasonable doubt that Saint Jean acted recklessly.

Crash scene Rawlins EM Ts 2 9 11 25

<title>Haitian Trucker Who Plowed Into Rawlins EMTs Wants His Conviction Overturned | Cowboy State Daily</title>

The Haitian truck driver who killed one Rawlins EMT and severely injured another in a catastrophic I-80 crash more than three years ago is asking the Wyoming Supreme Court to overturn his convictions. He claims prosecutors never proved he was “reckless."

Haitian Trucker Who Plowed Into Rawlins EMTs Wants His Conviction Overturned

Heinz mark

Mark Heinz

Wildlife

A northern Colorado rancher who lives near one of the state’s reintroduced wolf packs said she and her neighbors are becoming increasingly frustrated because when wolves aren’t threatening livestock, coyotes are.

Amanda Cerveny said she spotted and took video of a lone canine crossing her property near cattle.

She thought at first it could have been a small or young wolf, but also thought it might be a coyote.

Her latter suspicions were confirmed by biologist Doug Smith, who texted “100% coyote” to Cowboy State Daily after viewing Cerveny’s video.

Cerveny told Cowboy State Daily after seeing the first coyote she returned to her house to retrieve her rifle.

As in Wyoming, it’s legal to shoot coyotes on sight to protect livestock.

By the time she returned, the animal was gone.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"‘Two Knuckleheads’"}]

A short while later while walking down a lane on her property, “that’s when I saw these two knuckleheads attacking a calf," she said.

About 250 yards away, Cerveny saw two canines chasing and harassing one of her neighbor’s calves. She took video of that scene as well.

At the time, she was reasonably confident those two canines were coyotes.

But, as she noted, in Colorado, anything less than 100% certainty over whether the critter is a coyote or a wolf can be good reason to hold your fire.

"At 250 yards, how can I be absolutely certain whether it’s a coyote, or an uncollared wolf pup, or yearling?” she said.

Smith, who led the wolf program in Yellowstone National Park for nearly three decades, told Cowboy State Daily this year’s wolf pups wouldn’t leave the immediate area of the den this early in the year.

Pups don’t usually start venturing out until September or October, he said.

However, “come winter or fall,” it might be difficult to discern a coyote from a wolf pup at a great distance, he added.

Cerveny said her hesitancy to open fire on the canines she saw harassing the neighbor’s calves, even at a time when she could be reasonably sure they were coyotes, is indicative of the quandary she said she and her neighbors face.

Wolves remain protected in Colorado, and killing one, even by accident, could result in thousands of dollars in fines, Cerveny said.

It is legal for Colorado ranchers to shoot wolves if they catch them “directly in the act” of attacking cattle, she said.

But in most cases, the burden of proof is so high, ranchers might hesitate. And in her case, she said, it caused her to not even shoot at coyotes.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"‘More Aggressive’"}]

Cerveny said that as far as she knows, her neighbor’s calf wasn’t seriously. Even so, she worries coyotes getting away with attacking a calf might embolden them to keep doing so.

Cerveny said that she, her husband and others in the area think that coyotes might be getting "more aggressive."

Ranchers in northern Colorado wonder if the growing wolf population is causing coyotes to be more aggressive toward livestock. "In 30 years of doing this, I’ve never seen anything like that," a rancher said about two coyotes attacking healthy livestock.

Morning Show with Jake - Monday, October 7, 2024

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Morning Show with Jake - Monday, October 7, 2024

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Authors

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