Daily Darwin

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

<title>Daily Darwin: Tuesday, October 15, 2024 | Cowboy State Daily</title>

No words....

Daily Darwin: Tuesday, October 15, 2024

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

Greg Johnson

Crime & Courts

DOUGLAS — Saying through his court-appointed public defender that he’s afraid for his life if he shows his face, a Converse County man facing 72 felony child sex and pornography charges failed to show up for his plea hearing Tuesday afternoon.

By no-showing his arraignment in Converse County District Court, John Charles Smallbone also forfeits the $250,000 cash someone posted on his behalf to get out of jail June 24. 

“I waited a couple more minutes (to begin the hearing), and your client is not here,” Judge F. Scott Peasley said to Smallbone’s public defender, Denny Harts.

“He has expressed fear for his life,” Harts responded as about 25 people gathered in the second-floor courtroom at the Converse County Justice Center. 

“I reassured him he would be safe, but he is not here,” Harts added.

Peasley then issued a new warrant for Smallbone’s arrest for missing his hearing, while Converse County Deputy Attorney Nathan Shumway said he had just filed new charges on top of the 72 Smallbone already faces.

Those new charges weren’t yet in the court system immediately after the hearing, which from start to finish took about three minutes.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"On The Run"}]

Already a wanted man, Smallbone should have already been in police custody and available for Tuesday’s arraignment, Shumway said.

The prosecutor referenced an incident in Colorado last week when a 

Fort Collins magistrate allowed Smallbone to walk out

 of the Larimer County Detention Center on his own recognizance instead of holding him on a fugitive warrant out of Wyoming.

“There were issues with executing our warrant in Colorado,” Shumway said, echoing the frustration Converse County Sheriff’s Office officials have expressed since Smallbone was released on Thursday.

Instead of having a man accused of committing dozens of illegal sex acts with kids in custody, “We’re out looking for him again,” Converse County Undersheriff Chris Walsh 

told Cowboy State Daily after Smallbone’s Colorado release.

 “And we’re going to find him again. The freedom clock on him is running out.”

Walsh said whatever snafu allowed a wanted man to be released didn’t happen on Converse County’s end of the transaction. He was just as surprised as everyone to learn Smallbone was released.

“We’d been working with investigators there in Larimer County; we provided them with all of our warrant information, all our affidavits,” Walsh told Cowboy State Daily on Friday.

Add the Larimer County District Attorney’s Office in Colorado to the list of agencies unhappy with the magistrate’s decision.

“Mr. Smallbone was taken into custody on a valid and active warrant out of Wyoming, which included dozens of allegations of sexual crimes against children,” agency spokesperson Kylie Masserman said in a Monday email to Cowboy State Daily.

Masserman confirmed Walsh’s account that “all required information to set bond was provided to the court.”

She said her office also asked Magistrate Heather Siegel to also issue a $250,000 cash-only bond for Smallbone. 

That’s because the objective was “to keep him in custody until he could be transferred back to Wyoming to face his charges,” she said in the statement. “This request was consistent with what the Wyoming authorities requested and consistent with our practices on cases of this severity.”

Masserman said that instead, the personal recognizance bond was issued “contrary to our request.”

“The District Attorney’s Office strongly believes that this bond setting is dangerous and has put the communities in both Colorado and Wyoming at risk,” she said. “Giving a free pass to dangerous out-of-state offenders fleeing to Colorado sets a terrible precedent and risks further harm to the victims in the Wyoming case.’

When contacted by Cowboy State Daily on Friday to inquire about Smallbone’s bond, a staffer in Siegel’s office said the magistrate didn’t have that paperwork in front of her at the time of the hearing.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Ready For Anything"}]

Meanwhile, Converse County officials were ready and waiting in case Smallbone did show up for his Tuesday hearing, or for any trouble that might ensue because of the nature of the allegations against him.

Sheriff Clint Becker was leaning on a rail outside the justice center ahead of the scheduled hearing, flanked by five deputies. 

Three more deputies manned the security station just inside the front doors, and two Douglas cops were hanging out inside the courtroom.

While there were no emotional fireworks, Becker said he and his deputies were ready “just in case.”

It was the same inside the courtroom, which looked a bit like a shotgun wedding, with the 30 or so people watching from the gallery choosing to sit behind the prosecutor’s table.

Of the three people on the other side behind the public defender, two were reporters seated there for a better view of Smallbone in case he was in attendance.

Along with relaying his client’s fear for his life, public defender Harts also will have to continue representing Smallbone, at least for now.

While the Converse County Public Defender’s Office has filed a motion with Peasley to withdraw from the case, the judge said Tuesday he needs to talk to Smallbone in person before making a decision.

Smallbone was appointed a public defender to represent him when he was first charged with the 72 felony charges because he claimed he couldn’t afford an attorney on his own, according to the motion.

But after someone walked into the jail with a quarter of a million in cash to get him out of jail, he doesn’t qualify, the motion says.

“The defendant had the ability to post two hundred fifty thousand ($250,000) dollars cash in bond,” says the motion to reconsider the court appointment. “The defendant stated on his application for court-appointed counsel he had no ability to borrow money for his legal defense.”

Smallbone 7 28 26

<title>No-Show! Douglas Man Wanted On 72 Child Sex-Related Charges Doesn't Show Up To Court | Cowboy State Daily</title>

A Wyoming man facing 72 felony child sex charges was a no-show for his plea hearing Tuesday in Douglas. John Smallbone was released on his own recognizance by a Colorado court last week. Law enforcement officials are angered that he was set free.

No-Show! Douglas Man Wanted On 72 Child Sex-Related Charges Doesn't Show Up To Court

Kolby fedore

Kolby Fedore

Prosecutors say a man repeatedly shot two of his roommates with BB guns, beat one with a wooden walking cane, and even coerced a child into participating in one of the assaults before continuing the attack himself.

The criminal case against Pancho Villa Flores, born in 1971, is now moving forward with an arraignment scheduled for Aug. 5. 

He faces one felony count of aggravated assault and battery, one felony count of child abuse and two misdemeanor counts of reckless endangerment. 

The allegations, detailed in affidavits filed by the Cheyenne Police Department, describe two  victims who investigators say were assaulted days apart.

[{"type":"text","marks":[{"type":"bold"}],"text":"Multiple BB Wounds"}]

Police first became involved after officers responded to Cheyenne Regional Medical Center to speak with a man who arrived by ambulance.

Investigators documented puncture wounds across his back, buttocks, knees and right calf. Both knees were red and swollen, and hospital staff told police several BBs remained embedded in his body.

The man told officers Flores shot him repeatedly over several days using BB rifles.

[{"type":"text","text":"\"It hurt like a sonofabitch,\" he told investigators."}]

He said the shots to his knees were the worst and left him unable to walk for a time.

The man also told police he was afraid to report the shootings because he feared Flores would "beat him up or kill him in retaliation."

The affidavit says the man had been living with Flores for about seven months. He told investigators Flores held power of attorney over him, received his Social Security benefits and deducted rent and other expenses before giving him what remained.

He said he was "lucky" if Flores gave him between $50 and $100 each month from those benefits and complained he had received only $20 that month.

When officers later went to Flores' residence, they reported seeing two rifles that appeared to be BB guns through the open front door. Police photographed the weapons from outside the home, then returned to the hospital, where the man identified them as the guns Flores used.

[{"type":"text","marks":[{"type":"bold"}],"text":"'Blow A Cap In His Ass' "}]

[{"type":"text","text":"According to court documents, Flores denied shooting anyone."}]

Instead, he told investigators a juvenile identified only as L.R. had shot both him and his roommate.

But the child's account was dramatically different. L.R. told investigators Flores had bought him fishing and camping gear and recently took him camping.

After returning home June 21, the child said he was lying in the front yard when Flores came outside and claimed the man had failed to complete chores.

Flores then told the child he needed to "blow a cap in his ass," shows the affidavit. 

L.R. told police he refused, but said Flores responded by threatening to shoot him instead. 

The child told investigators Flores then fired the air rifle into his back, striking him just left of his spine and above his left buttock.

Afraid of being shot again, L.R. said he took the rifle and went into the basement, where Flores again instructed him to shoot the man.

[{"type":"text","text":"The child told investigators he was crying as Flores laughed."}]

Not wanting to seriously injure the man, the child said he intentionally shot him in the buttocks and calf.

Flores then took back  the rifle and allegedly continued shooting the man in the knees and back. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Second Roommate Hospitalized"}]

Less than a week later, detectives contacted another roommate at Cheyenne Regional Medical Center.

He told investigators Flores assaulted him several days earlier after accusing him of stealing whiskey.

Flores allegedly forced his way into the second roommate's bedroom and struck him on the head with a wooden walking cane.

[{"type":"text","text":"The man said his head \"bled a lot,\" but he did not lose consciousness."}]

The next day, he told investigators Flores returned, entered his bedroom without saying anything and shot him in the lower back with a BB rifle while he was in bed.

[{"type":"text","text":"At first, the man did not seek treatment."}]

Over the next several days, the wound allegedly became red, swollen and increasingly painful.

He eventually went to the hospital June 25, where he was admitted for treatment of the infection. He remained hospitalized when detectives interviewed him June 29.

Investigators observed a healing cut on the man's head they said was consistent with his account of being struck by the cane.

They also documented a circular wound on his right flank where he told police doctors removed a BB.

He told them another BB remained lodged in his muscle and would require surgery to remove.

[{"type":"text","marks":[{"type":"bold"}],"text":"Case Moves Forward"}]

After the July 17 preliminary hearing, a judge found sufficient evidence to bind Flores' case over to district court.

He is charged with aggravated assault and battery, child abuse and two counts of reckless endangerment.

The two felony charges each carry a maximum penalty of 10 years in prison under Wyoming law. The reckless endangerment charges are misdemeanors punishable by up to one year in jail.

Flores is scheduled to be arraigned Wednesday, Aug. 5 in Laramie County District Court.

Cheyenne police 7 28 26

<title>Police: Cheyenne Man Shot Child With BB Rifle After Forcing Him To Shoot Roommate | Cowboy State Daily</title>

Police say a Cheyenne man forced a child to shoot his roommate, telling him to "blow a cap in his ass," before threatening and then turning a BB rifle on the boy. Pancho Villa Flores is now facing felony counts of assault and battery and child abuse.

Police: Cheyenne Man Shot Child With BB Rifle After Forcing Him To Shoot Roommate

Zakary Sonntag

Public Safety

 through a hospital emergency department last week cannot be criminally prosecuted because the attack was the direct result of severe mental illness, Sweetwater County Attorney Danny Erramouspe said Monday.

Wyoming law requires a person to have a necessary level of mental capacity and intent to be held criminally responsible for an act. The patient did not have that mental capacity, Erramouspe said.

“It was clear that due to this individual's severe mental illness we would not be able to prosecute," Erramouspe told Cowboy State Daily, adding in an official statement that it was not an easy decision.

“These are among the most difficult decisions prosecutors make. I never take any satisfaction in telling a victim that charges cannot be filed, but it is sometimes required by law and the facts.”

The explanation comes one week after Christian R., an emergency room nurse at Memorial Hospital of Sweetwater County, was punched in the face after asking the patient if he’d taken his nighttime medication.

Christian, who asked Cowboy State Daily to withhold his last name, said the blow broke his nose and touched off a chase through the emergency department, where the patient repeatedly caught him and continued the attack by throwing more punches and kneeing him in the head and face. 

A security officer intervened as the chase reached the department lobby, allowing Christian to seek the safety of a locked supply closet. He was treated for a nasal fracture, facial injuries and bruising.

Before the attack, the patient had been committed to the Wyoming State Hospital in Evanston, where he received psychiatric care under court order. The patient was being treated under Wyoming's Title 25 statute, the state's legal process for involuntarily hospitalizing people whose mental illness makes them a danger to themselves or others.

At some point, doctors determined his condition had improved enough to enter what is known as the convalescent phase of treatment, which serves as a transitional stage between inpatient hospitalization and full release. 

In this stage, the patient was returned to Sweetwater County and continued treatment through Southwest Counseling.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"But the transition did not go smoothly."}]

“Earlier in the day I had a separate conversation with the patient … and he was normal to me and didn’t pose a threat,” Christian said. “It wasn’t until the incident that it (changed).”

standard, a Latin term translated as a "guilty mind,” prosecutors must prove not only that a person committed a criminal act, but also that they possessed the mental capacity and intent necessary to be held responsible for it.

"We get cases like this periodically," Errasmoupse said. "Someone has dementia. Someone has a traumatic brain injury. Sometimes a special-education student with diminished mental capacity assaults a teacher or aide."

That does not automatically shield someone from criminal responsibility, but in this case, Erramouspe said, the patient's psychiatric condition was so central to the attack that criminal prosecution was not legally available.

"Sometimes people are injured and are victims of something that we can't ethically or legally charge," he said.

Civil Options Also Face Significant Hurdles

The county attorney's decision closes the door on criminal prosecution, but not necessarily every legal remedy.

Mark Aronowitz, a Jackson attorney with the Spence Law Firm and president of the Wyoming Trial Lawyers Association, explained that civil lawsuits operate under a much lower burden of proof than criminal cases. 

Even so, Aronowitz said the path to a civil case would be complicated, beginning with the practical questions about a patients’ financial resources and ability to satisfy a judgment.

"Even if you prove they were negligent and breached their duty, is this someone you can even recover from?" He said.

Aronowitz explained that such an incident might be more likely to implicate institutional liability. Whether that liability exists here would depend on facts that are not yet publicly known, namely what providers knew about the patient's history before the assault.

"If this person has a known history of doing this, if there were five other assaults in the last year, then there might be accountability somewhere because someone could have done something to prevent the sixth time," Aronowitz said.

On the other hand, if the incident stemmed from an unexpected deterioration in the patient's condition, as the hospital implied, a civil suit would likely fail.

"If it's a one-off without any foreseeability, without any notice or knowledge, then it's hard to say to somebody, 'You should have seen this coming,'" he said.

Christian told Cowboy State Daily previously he intended to pursue criminal charges; he did not indicate an intention to pursue a civil lawsuit.. 

He is entitled to workers compensation, which would cover workplace-injury-related medical care as well as around two‑thirds of lost wages.

Christian’s misfortune highlights one of the most difficult realities in behavioral healthcare: predicting when a person is truly ready to return to the community.

Lindsay Simineo, executive director of the Wyoming Behavioral Health Alliance, said involuntary commitments may stabilize a person's condition, but it doesn’t mean a person's struggles are over.

Wyoming's Title 25 system is built around a difficult balance between public safety and individual liberty, she said.

"We want to be able to protect the public and protect people from themselves when they are in danger," Simineo said. "We also do not want to have a system that can take the rights of people easily."

The question hanging over the incident in Rock Springs is whether the assault reflects a failure by a provider, a facility, or Wyoming's broader mental-health system.

Simineo cautioned against assuming any one answer.

Mental illness is often not a one-time crisis, she said, but an ongoing cycle of stabilization, decline and renewed treatment.

"If somebody is considered chronically mentally ill, then you can see these repeated cycles of somebody becoming stable and then they go back," she said. "They can have a structured treatment plan that's given upon release, but if they don't engage with it, then yes, they are going to need additional support again."

At the same time, Simineo said providers can only control so much.

"Humans have free will and humans have choice," she said.

For that reason, she believes the more productive question might not be who failed, but what additional resources, safeguards or supports might prevent similar incidents.

"What did they need in addition?" she said. "What do they need in addition to make situations like this less frequent?"

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Erramouspe expressed a similar view."}]

"The mental health crisis is much larger than Title 25, and it's larger than what the Sweetwater County Attorney's Office can address," he said. "That's just the nature of mental health. Somebody has to deal with these patients, and many times it puts healthcare workers in a very dangerous situation."

Nurse folo 7 28 26

<title>County Attorney: Rock Springs Patient Who Broke Nurse's Nose Can't Be Prosecuted | Cowboy State Daily</title>

Sweetwater County's attorney says severe mental illness and Wyoming's legal standards for criminal responsibility make charges impossible despite a violent assault that left a Rock Springs nurse with a broken nose, facial injuries and bruising.

County Attorney: Rock Springs Patient Who Broke Nurse's Nose Can't Be Prosecuted

Employee kate meadows cropped

Kate Meadows

Energy

Two significant workforce housing projects are likely to take shape in neighboring southwest Wyoming counties, but despite their proximity the developments are moving on separate tracks to serve two entirely different energy projects.

In Kemmerer, city leaders on Monday cleared another hurdle that could allow a temporary workforce housing hub for workers constructing TerraPower's advanced nuclear power plant. Meanwhile, about 120 miles to the southwest, Uinta County officials are considering a proposal for a much larger workforce camp to serve construction of a planned hyperscale data center near Evanston.

While both projects have drawn attention because of their size and potential economic impacts, Kemmerer Mayor Robert Bowen said the timing is largely coincidental.

"The whole point of a workforce hub is to keep people who work on the project close to the project," Bowen told Cowboy State Daily.

[{"type":"text","marks":[{"type":"bold"}],"text":"Kemmerer Clears Zoning Hurdle"}]

The Kemmerer City Council on Monday approved the third and final reading of a zoning change for approximately 60 acres of private land known as the Fox King property, changing its designation from heavy industrial to light industrial.

The zoning change makes the property eligible to be considered as one possible location for temporary housing tied to TerraPower's Natrium reactor project.

Bowen said the property is included in a request for proposals being evaluated by Bechtel, the Virginia-based engineering and construction company considering a temporary workforce hub for the TerraPower project.

Bechtel will ultimately decide whether to move forward with the Fox King property or another proposed site, Bowen said.

"The city has no influence, no say," he said. "All of it is in their (Bechtel's) court."

If selected, the 60-acre site would help house up to 1,600 workers expected to descend on Kemmerer during the peak years of construction on the first commercial Natrium nuclear reactor in the United States.

The city of about 2,400 people is bracing for explosive growth with the first-of-its-kind sodium-cooled nuclear power plant under construction, 

Cowboy State Daily has previously reported

The property also offers an alternative to an undeveloped city-owned piece of land between the justice center and the Antelope Ridge subdivision. Residents of the subdivision have pushed back at recent city council meetings about a man camp on land adjacent to their neighborhood.

Multiple companies have been eyeing properties to house workers when the plant comes online around 2030.

[{"type":"text","text":"Bechtel did not return Cowboy State Daily's messages before publication."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Uinta County Proposal Advances"}]

At nearly the same time, officials in neighboring Uinta County took a significant step toward approving a workforce housing hub for a different project.

Last week, the Uinta County Planning and Zoning Commission approved a conditional use permit allowing Target Hospitality to move forward with plans for a temporary workforce housing community on county-owned land east of Evanston, adjacent to Bear River State Park.

The proposal now heads to the Uinta County Commission for final consideration.

If approved, the camp would house as many as 3,400 workers during construction of a nearby hyperscale data center. Under the permit, the housing complex could remain in place for up to five years during the project's primary construction phase.

Target Hospitality CEO Troy Schrenk has said the approximately 150-acre site was selected because of its access to Interstate 80 and its location about eight miles from the construction site.

The company estimates construction of the workforce housing hub would take about one year, with completion targeted for October 2027 if approvals continue on schedule.

[{"type":"text","marks":[{"type":"bold"}],"text":"Different Projects, Similar Challenges"}]

Although both proposals involve temporary housing for large construction workforces, they reflect a broader challenge facing Wyoming communities as billion-dollar industrial projects move forward in rural areas with limited housing inventories.

Purpose-built workforce housing can reduce pressure on local rental markets, hotels and other housing while keeping workers close to job sites. At the same time, such projects often generate debate over traffic, infrastructure demands, public safety and the eventual removal of the temporary facilities once construction winds down.

[{"type":"text","text":"For now, both southwest Wyoming projects remain works in progress."}]

Kemmerer's zoning action simply keeps one potential housing site in contention as Bechtel evaluates proposals, Bowen said. Meanwhile Uinta County's proposal still requires approval from county commissioners before construction can begin.

Terra Power construction 1 5 29 26 1

<title>Man Camps Moving Forward As Uinta And Lincoln Counties Build, Build, Build | Cowboy State Daily</title>

Potential man camps in neighboring Uinta and Lincoln counties are moving forward. Kemmerer cleared zoning for a workforce housing site for a nuclear power plant, while Uinta County is a step closer to a 3,400-bed camp for a hyperscale data center.

Man Camps Moving Forward As Uinta And Lincoln Counties Build, Build, Build

An Afton attorney who previously served as a Lincoln County deputy prosecutor and was recently a finalist for a Wyoming judgeship is facing a misdemeanor solicitation charge in neighboring Idaho after investigators allege he offered to pay for a sexual encounter through an anonymous dating app.

John Bowers, 66, was charged July 22 in Bear Lake County with one misdemeanor count of solicitation for commercial sexual activity.

A probable cause affidavit says the investigation began June 24 after a private citizen contacted the Montpelier Police Department about messages exchanged with Bowers on Sniffies, a location-based social networking app. 

The reporting party, who described himself in the affidavit as someone who reports suspected criminal activity to law enforcement, told police Bowers offered $300 to "party" and said he would bring "party supplies." Investigators interpreted the messages as an offer to pay for a sexual encounter.

[{"type":"text","text":"Bowers has pleaded not guilty."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"'This Charge is Frivolous' "}]

Bowers' attorney, Richard Blok of Pocatello, declined to comment to Cowboy State Daily, saying the Rules of Professional Conduct limited what he could say.

However, he said a statement he previously provided to an Idaho news outlet remains accurate.

"Mr. Bowers is innocent of the charge,” Blok said in the statement. "This charge is frivolous and should never have been brought."

[{"type":"text","text":"A pretrial conference is scheduled for Sept. 9 in Bear Lake County."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Search Leads To Wyoming Office"}]

On May 21, investigators with the Montpelier Police Department, assisted by the Wyoming Division of Criminal Investigation, contacted Bowers outside his Afton law office while executing a search warrant for his electronic devices. After returning to the office, Bowers agreed to speak with investigators and surrendered his cellphone.

The affidavit notes investigators later recovered digital evidence they believe linked Bowers to the account used in the conversations, including a Gmail account allegedly created the same day under the name "Jack Black" that received a Sniffies activation email.

During the interview, Bowers acknowledged using the app and exchanging messages but denied intending to solicit prostitution.

[{"type":"text","text":"\"I truly didn't think I was soliciting,\" Bowers told investigators."}]

Bowers also described his conduct as "morally wrong and inappropriate" while maintaining he never intended to arrange a commercial sexual encounter.

[{"type":"text","marks":[{"type":"bold"}],"text":"Well-Known Wyoming Attorney"}]

Bowers has practiced law in western Wyoming for decades and previously served as a deputy prosecutor in the Lincoln County Attorney's Office.

Afton attorney John Bowers, once a Lincoln County deputy prosecutor, is facing a solicitation charge in Idaho after investigators say he offered to pay for a sexual encounter through an app. He says his conduct was "morally wrong" but denies solicitation.

Daily Darwin: Tuesday, October 15, 2024

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