One More For The Road

[{"type":"text","text":"This is why Evel did not jump with a truck...."}]

One more for 10 16 24

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

<title>One More For The Road: Wednesday, October 16, 2024 | Cowboy State Daily</title>

This is why Evel did not jump with a truck...

One More For The Road: Wednesday, October 16, 2024

 This is why Evel did not jump with a truck....

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

Clair McFarland

Opinion

CSD Columnists

The Wyoming Supreme Court on Tuesday denied a 

 for an order appointing a special prosecutor to investigate Secretary of State Chuck Gray for handing sensitive voter data to the federal government.

The high court also denied the attorney, George Powers’ request that it order Wyoming Attorney General Keith Kautz to recuse himself from this investigation since Kautz’s office has reportedly counseled Gray on the voter data transfer.

Powers hasn’t shown that Kautz has an outright duty to do the things Powers is asking the court to make him do.

A writ of mandamus, the kind of court action Powers filed against Kautz on June 2, is a mechanism by which a court can order a public official to complete some duty. But it only applies where that duty is absolute, clear and indisputable.

“We find Petitioner has not cited any ‘absolute, clear, and indisputable’ law specifically requiring these actions,” said a Tuesday order signed by Wyoming Supreme Court Chief Justice Lynne Boomgaarden. “As such, Petitioner is not entitled to mandamus relief.”

[{"type":"text","marks":[{"type":"bold"}],"text":"A Little Backstory"}]

The U.S. Department of Justice last year urged Gray to hand over unredacted voter rolls bearing driver's licenses or partial social security numbers.

Gray did so, public records indicate. He’s since said repeatedly that Kautz’s office advised him in this, and approved the release.

Powers started filing public records requests with Gray’s office, and he asked for information about the extent of the Attorney General’s counsel.

[{"type":"text","text":"Gray claimed attorney-client privilege."}]

In April, Powers filed a criminal complaint urging Kautz to have a judge appoint a special prosecutor to investigate Gray. Powers pointed to a state law calling voters’ drivers’ licenses and partial Social Security numbers private. Wyoming has another umbrella statute, making election officials who violate election law open to being charged, potentially, with a felony crime.

Kautz told Powers in May the complaint would be handled in accordance with his office’s rules and prosecutorial ethics.

[{"type":"text","text":"Four weeks passed."}]

Powers filed the writ of mandamus against Kautz, urging the state’s highest court to intervene.

Last week, Kautz countered that writ, announcing in a court filing that he arranged for two special prosecutors to investigate Gray based on Powers’ complaint: one in his office behind a privacy mechanism called a “Chinese wall,” and another tied to a county prosecutor’s office.

Both special prosecutors declined to charge Gray with a crime, Kautz’s filing says.

Gray in a Tuesday text message called Powers' writ action a political witch hunt and "an attempt to damage my Congressional campaign" in which he also claimed "the Left and the media" were involved. 

Gray is running for Wyoming's lone U.S. House seat in a crowded GOP primary against nine other contenders. 

Gray said more than 20 states have complied with the DOJ's "lawful request." 

"Powers (sic) claims and filings has (sic) been nothing more than lawfare and weaponization of the legal system by leftists and the insider media," Gray said. "I applaud the Supreme Court's common-sense decision to dismiss this case, which was nothing more than a continued and orchestrated effort to harass, intimidate, and demonize me for our work on election integrity. I have and will continue to stand for the truth, and I will continue to comply with the law and advance election integrity and voter list maintenance, which is pivotal to our elections."

Several states, including red states, have refused to hand the sensitive voter data to the federal government, and the DOJ has sued them for it. A case in Utah, which sits within the same federal circuit as Wyoming, is ongoing, among others. 

Nine federal courts have sided against the DOJ and dismissed its cases so far. 

[{"type":"text","marks":[{"type":"bold"}],"text":"None Of This Answers Our Questions"}]

Ryan Semerad and Rob Shively, who are also Wyoming-based attorneys, represented Powers in his writ.

Semerad told Cowboy State Daily on Tuesday the dismissal leaves the issue in the dark.

“Sunlight is the best disinfectant,” Semerad said. “I’m sure we’d all like to know how this happened, who did it, and what it was they reasoned and concluded. Because right now, we just don’t know who did what; and we don’t know what they looked at; and we certainly would like to know.”

Cowboy State Daily submitted a public records request to the Wyoming Attorney General’s Office last week for the special prosecutors’ reports in the Gray complaint.

The office declined to disclose those, calling them nonpublic attorney work product.

“Disclosure would reveal the thought processes of attorneys and special prosecutors and potentially confidential source or investigative information,” says the denial email from the office’s public records office.

Powers also submitted a public records request to the Attorney General’s Office last week, he told Cowboy State Daily on Friday. An attached copy of Powers’ June 17 public records request shows that it is much more extensive, requesting instructions and directions given to special prosecutors as well.

As of Tuesday, the AG’s office had acknowledged that it had received that request, and it said it would produce any responsive, disclosable records within the lawful deadline, Semerad said Tuesday.

As for the high court’s denial of Powers’ writ petition, “None of this answers our deeper question, which is, ‘What happened; who did the investigating how did they investigate?’” said Semerad. “It also raises more questions too.”

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<title>Wyoming Supreme Court Declines To Appoint Prosecutor To Investigate Chuck Gray | Cowboy State Daily</title>

The Wyoming Supreme Court on Tuesday denied a Cheyenne-based attorney’s request for an order appointing a special prosecutor to investigate Secretary of State Chuck Gray for handing sensitive voter data to the federal government.

Wyoming Supreme Court Declines To Appoint Prosecutor To Investigate Chuck Gray

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

Andrew Rossi

Public Lands

Another hydrothermal explosion has rocked Yellowstone National Park, only 100 feet from the pool that 

The Yellowstone Volcano Observatory confirmed that a hydrothermal explosion occurred around 5:09 a.m. June 13. When geologists went to evaluate the area the next day, they found a 21-foot-wide pool filled with boiling, silty water, a 60-foot fissure, and water spouting 30 feet into the air.

It was an unexpectedly dynamic event in Biscuit Basin, which has been closed since a similar explosion occurred at nearby Black Diamond Pool in July 2024.

“Black Diamond doesn't seem to have been affected by this event in a major way,” Mike Poland, scientist in charge of the Yellowstone Volcano Observatory, told Cowboy State Daily. “That’s a sign that these are very shallow events that impact individual features in a very explosive thermal basin.”

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

The observatory detected the explosion as soon as it happened. It was even captured on the camera installed in Biscuit Basin to monitor Black Diamond Pool.

When geologists got to the basin the next day, they found several significant changes. For one thing, there was the new 21-foot-wide crater filled with boiling water, which Poland wasn’t surprised to see.

“That’s pretty standard for Biscuit Basin,” he said. “It has a lot of high-temperature water.”

What was more surprising was a 60-foot-long fissure and several new vents.

“All of these vents were draining water into the Firehole River, and geologists found near-boiling waters in most of these vents,” Poland said. “They were draining enough water that the river itself turned a milky-white color for many miles downstream.”

Based on the scene, Poland said the event was a “relatively small” hydrothermal explosion. It occurred in an area with no existing thermal features.

After weeks of observation, the water-filled crater has shown some geyser-like behavior. Water was seen rising as high as 30 feet.

Poland was interested in the longevity of this behavior and all the new features in Biscuit Basin. It’s too early to say whether they’ll be long-lived or peter out over time.

“It’s completely unknown at this point,” he said. “Maybe that (spouting) was caused by a release of the pressure accumulated beneath the surface, or maybe this new pool will end up being a geyser-like feature. Clearly, there was a lot that went on the morning of June 13.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Predicting The Unpredictable"}]

Hydrothermal explosions are caused by water rapidly converting to steam. The rapid phase change from liquid to gas releases an enormous amount of energy, as evidenced by the incident at Black Diamond Pool on July 23, 2024.

“It’s a pressure-cooker situation,” Poland said. "When water turns to steam, it expands over 1,000 times. When that happens in a confined space, the space can't hold the rapid expansion of steam and can cause explosions.”

Biscuit Basin has been closed to the public since that day, but sophisticated equipment has been installed so geologists can monitor ongoing activity. Black Diamond Pool has 

 since then, but nothing as significant as the July 2024 event.

wasn’t significant by Yellowstone standards

, Poland is excited about what can be learned from it. It might help him and other geologists, hydrologists, and volcanologists predict the unpredictable.

“One of the problems with studying these explosions is that you really don't know where they're going to occur,” he said. “If you put out a monitoring station, you’re never guaranteed to catch an explosion, and we don’t know of any precursors that might indicate an explosion is imminent.”

This hydrothermal explosion occurred 400 feet from temperature sensors and sophisticated stations installed to monitor seismic and acoustic activity in Biscuit Basin. With this event and “a year’s worth of data,” Poland hopes they might find a potential precursor.

“This explosion happened in the middle of an area of dense monitoring, he said. “We've got an opportunity to dive into all of those data sets and see if there was some change in the system that was detected by the seismic and acoustic monitoring.”

Identifying a precursor to hydrothermal explosions will help keep people safe in Yellowstone and around the world, Poland said. It could inform scientists when a hydrothermal explosion is imminent, or the risk is higher based on temperature, acoustic signals, or some other change in the system.

Such a precursor isn’t known to exist, and Poland isn’t confident they’ll find one, but a prime opportunity to do so just presented itself.

“This was a pretty good situation,” he said. “We had all the monitoring instrumentation in the right place at the right time, lots of data already collected, and no one was threatened by this activity.”

[{"type":"text","marks":[{"type":"bold"}],"text":"It’s What’s New"}]

Since June 13, Biscuit Basin has gotten less explosive. The real question is whether any of the changes will become permanent.

According to Poland, many of the vents opened by the explosion have since dried up. The collapsed crater is still filled with boiling water, but the geyser-like behavior hasn’t been observed since June 18.

“The future of any of these features is really unknown at this point,” he said. “Will they stay boiling or gradually cool down? Was there a change in the heat emission of Biscuit Basin? Those will be the interesting questions going forward."

Meanwhile, other than what Poland described as a “subtle bubble” from the pool’s vent, Black Diamond Pool doesn’t seem to have been impacted.

Poland sees that as evidence of how Yellowstone’s thermal features coexist. While most of Yellowstone’s geysers, hot springs, and steam vents share space with other thermal features, most tend to be separate rather than part of a vast, interconnected system.

“When the 2024 explosion happened, none of the other features in Biscuit Basin changed their behavior,” he said. “This explosion happened 100 feet north of Black Diamond Pool, and it doesn't really seem to have affected it in a major way. That’s a testament to how local all these events are.”

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<title>Explosion Creates 20-Foot Crater of Boiling Water in Yellowstone National Park | Cowboy State Daily</title>

The Yellowstone Volcano Observatory confirmed Tuesday that a hydrothermal explosion occurred in Yellowstone's Biscuit Basin that created a 21-foot-wide pool filled with boiling, silty water, a 60-foot fissure, and water spouting 30 feet into the air.

Explosion Creates 20-Foot Crater of Boiling Water in Yellowstone National Park

Kolby fedore

Kolby Fedore

Courts

A Colorado woman accused of rolling out of a Cheyenne fireworks store with nearly $2,000 worth of pyrotechnics — including a "State of Emergency," "Magic Dragon," and a "King Leo" — has been bound over to district court on a felony theft charge.

Sandra May Bafia, 61, waived her preliminary hearing Monday in Laramie County Circuit Court, sending the case to district court more than a year after the alleged theft.

A clerk with Laramie County District Court confirmed Tuesday an arraignment date has not yet been scheduled. Bafia is next expected to appear in district court, where she will enter a plea.

The incident unfolded June 22, 2025, at Artillery World along Interstate 25 in Cheyenne, according to an affidavit filed by Larimer County Sheriff's Deputy Jason Grover. 

The store's manager, Haley Nye, called 911 to report that two women had filled a shopping cart with fireworks and headed south toward Colorado in a gray Honda Odyssey with Colorado temporary plates.

Nye told the dispatcher the females were "white females in their 40s wearing long gray cardigans," the affidavit says. 

[{"type":"text","marks":[{"type":"bold"}],"text":"Cashier Encounter"}]

Store employee Abdullah Al Habsi told investigators one of the women, later identified as Melissa Thompson, approached a register near the door and told the employee "she needed to go out to the car because her friend needed her," Grover wrote. 

Abdullah reportedly asked Thompson if she paid for the fireworks, "and she continued to tell him she needed to go to her vehicle." 

[{"type":"text","text":"The affidavit says she then walked out the door without paying. "}]

[{"type":"text","text":"Store employees followed."}]

Outside, employees found Bafia loading fireworks into the van, Grover wrote. 

When employee Breanna Elliott began removing fireworks from the vehicle, Bafia allegedly insisted the merchandise had been paid for and said she would produce a receipt.

[{"type":"text","text":"The situation escalated from there."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Getaway Van "}]

One person who tried to stop the suspect suffered a scraped elbow after being pushed while trying to recover the fireworks.

Another employee also reported being pushed while attempting to stop Bafia from loading fireworks into her car. 

[{"type":"text","text":"Both employees rated their pain at \"2 out of 10,\" the affidavit notes."}]

Witnesses told investigators Bafia and another woman eventually climbed into the van and drove away, leaving behind only a handful of items in the shopping cart.

According to Grover, employees reported the van accelerated through the parking lot toward several people standing nearby.

"Melissa started driving towards them at a high rate of speed," Grover wrote. "Melissa swerved and did not hit them but was approximately 10 feet away from them."

[{"type":"text","text":"The getaway was short-lived."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Jumping Jacks, Unicorns "}]

Larimer County deputies in Colorado stopped the vehicle in Wellington, where authorities recovered fireworks allegedly taken from the store.

Grover wrote that Colorado deputies later informed him that Bafia and Thompson were being arrested for possession of stolen property and narcotics.

Investigators ultimately calculated the value of the stolen fireworks at $1,908.85.

The haul allegedly included three Jumping Jacks, two Unicorns, a Magic Dragon, a USA, a Ground Bloom, two Cute Bats, seven Glow Sticks, an Amazing Para, five T Noise Makers, four Wizard Wands, 11 Neon Wands, a Mad Dog, an Ant Eater, a State of Emergency, a Space Rocket, a King Leo, three Toy Worlds and a Pyro Freak.

[{"type":"text","text":"The most expensive item was the King Leo firework, valued at $295.99."}]

Under Wyoming law, felony theft is punishable by up to 10 years in prison, a fine of up to $10,000, or both.

[{"type":"text","text":"Bafia is out of detention on a $5,000 cash bond. "}]

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<title>Colorado Woman Accused of Stealing $2,000 in Fireworks, Nearly Running Over Employees | Cowboy State Daily</title>

A Colorado woman, accused of stealing $2,000 worth of pyrotechnics at a fireworks dealer south of Cheyenne, is headed to district court. The 61-year-old woman allegedly drove toward store employees at a "high rate of speed" to avoid being detained.

Colorado Woman Accused of Stealing $2,000 in Fireworks, Nearly Running Over Employees

Government & Politics

Legislature

The Joint Appropriations Committee majority tried in January to defund the Wyoming Business Council, an agency that gives grants and loans to businesses and communities.

The state Senate, which ran more fiscally moderate this year than the 

, rejected the effort overwhelmingly in February. But then in March, the Legislature passed a budget that funds the Wyoming Business Council’s operations for one year instead of the traditional two-year budget allocation.

The Joint Appropriations Committee is now delving into a monthslong research project into how it can trim the business council, tether it to legislative oversight and refocus it onto what the supermajority Republican Legislature deems proper uses of government.

The committee spent around five-and-a-half hours on that topic while meeting Monday in Lander.

Its members weighed three proposed bills. They also engaged in a spicy back-and-forth with Wyoming Business Council CEO Josh Dorrell.

[{"type":"text","text":"‘Give Me A Number'"}]

“Mr. Dorrell, what do you anticipate will be your ask for the Wyoming Business Council for the supplemental budget? And 

, how much do you need to succeed?” asked Senate Appropriations Chair Tim Salazar, R-Riverton.

Dorrell said the WBC’s figures are still in flux, and he expected it to give its final budget request submission to Gov. Mark Gordon in August. But becoming “whole,” or receiving the rest of its two-year budget, would be the priority, he added.

As of now, the agency’s budget ends June 30, 2027, unless the Legislature acts to restore its second-year money.

Salazar later voiced dissatisfaction with that answer, pressing Dorrell on it again.

“Give me a number. Tell me where that fits into the supplemental budget,” said Salazar.

“I’m not going to give you a number,” 

 Dorrell. “I don’t mean to be obtuse, but I want to work it through the proper channels first.”

Besides having its funding cut to one year of operations, the WBC is slated for a potential makeover.

Both the Appropriations Committee and the Joint Minerals Business and Economic Development Committee are reviewing the WBC’s programs and underpinning laws.

Dorrell said he’s looking for information on which programs the Legislature wants to cut.

[{"type":"text","text":"He also indicated that lawmakers don’t fully understand the agency yet."}]

“I don’t think it’s appropriate for us to really discuss the exact in-and-out if you don’t understand the things that we do,” said Dorrell, adding that WBC has presented program data to lawmakers in recent months. 

“I’d advocate to at least stay whole, as a minimum, (but also) we should look at investing in our communities, and the state agency that unlocks those,” he said.

[{"type":"text","text":"Humble Ask This Time"}]

[{"type":"text","text":"Rep. Ken Pendergraft, R-Sheridan, also parried with Dorrell."}]

“Honestly, I’m not trying to be confrontational, but I’m frustrated,” said Pendergraft. “You were asked what does it cost to be successful — no answer. No answer, no money.”

[{"type":"text","text":"Dorrell reiterated that he’d know the answer in August."}]

Salazar’s line of questioning is an echo of one he launched in December, but which Dorrell then handled very differently. 

At that time during the committee’s budget-planning marathon, Salazar asked how much money WBC needs to fix the economic problems facing the state.

[{"type":"text","text":"Dorrell answered $1.7 billion."}]

“Thank you for giving us the courtesy of the truth,” said Salazar at the time.

Around seven weeks later, the committee advanced two pieces of legislation — both of which later failed — that had sought to defund the agency and strip it from state law.

Ahead of next year’s January lawmaking session, the two committees are working on a plan to refocus the Wyoming Business Council and reevaluate its many programs.

[{"type":"text","text":"Neither committee has adopted any WBC makeover bills yet."}]

But the Joint Appropriations Committee on Monday discussed four in this vein.

[{"type":"text","text":"The Bill About Federal Money"}]

One of the bills would authorize lawmakers to review and appropriate federal funds seeking to pass through the WBC for capital and investment projects.  

[{"type":"text","text":"Dorrell cast that one as peculiar.  "}]

Congress authorizes federal money for governmental investments, the U.S. Treasury allocates those investments and enforces their terms, and the executive branch of Wyoming runs the program.

“And then all of a sudden, somehow the state Legislature is inserting itself into this process,” said Dorrell. “And while I am happy to report, I’m happy to bounce ideas off of, it feels like gumming up the system …  is exactly what this is going to do. It doesn’t help us act at the speed of business. I’m open to understanding why.”

House Appropriations Chair John Bear, R-Gillette, said lawmakers would consider that concern carefully so they don’t create undue burden. 

Of the 11 companies involved in this system, he said he hopes “the preponderance of them” have been traditional energy companies.

Bear referenced allegations Wyoming continues to wage in federal court litigation with other red states that large investors colluded to kill coal and other fossil fuels by banding together in green-energy compacts.

“Even though these are federal funds, they’re still taxpayer funds,” said Bear, who went on to ask about the WBC’s administration of its investment projects.

Dorrell said WBC’s investment committee can meet spontaneously to consider and authorize those projects, and 

 employee to serve as investments analyst.

[{"type":"text","text":"The Bill To Stop Feeding Airports"}]

The Wyoming Business Council’s Business Ready Community program generally involves WBC sending a grant or loan to a community entity, which then works on economic development and business infrastructure projects.

But WBC doesn’t call it that anymore. The agency rebranded the controversial program this year as the Building Resilient Communities program.

The Appropriations Committee is considering a bill that would ban airports from benefitting from the program, as well as recreational and convention facilities, and infrastructure projects of the WBC’s choosing.

That would leave the program free to fund or invest in land, buildings, facilities, telecommunications infrastructure, rights of way, sewer and water projects, roads and landscaping.

The bill also seeks to add a requirement that the WBC can’t grant or loan money for assets that the applicant owns or will own.

A lawsuit between Gunwerks and the Cody-based economic development group that secured funding for it has been 

over the allegedly dismal state of a building Gunwerks doesn’t own, but which the economic development group arranged to be built for the company with WBC money.   

The bill pertaining to the BRC program would also require WBC to send grant and loan plans to two lawmakers — one state House representative and one senator — for review and comment before sending them to the executive branch for final approval.  

The biggest bill the committee considered would eliminate 13 Wyoming Business Council programs, 

Others Dorrell hopes to keep, he indicated to Rep. Jeremy Haroldson, R-Wheatland.

He asked why the Wyoming Partnership Challenge Loan program is on the chopping block. That’s a loan program in which WBC partners with banks to secure loans for businesses.

Dorrell insisted the WBC is not competing with banks, but is helping businesses get loans on components on which banks aren’t authorized to lend, like the more speculative success prospects called “blue sky.”

Disaster loans are “a challenge,” but outside disaster loans, the program is at industry-standard or higher rates of success, Dorrell said.

[{"type":"text","text":"Pendergraft raised an ideological roadblock."}]

“My problem with this is ideological. Essentially, it sounds to me like you’re not in competition with the banks,” said Pendergraft. “But if a business goes to a bank and the bank turns them down — presumably because of risk — why is it justifiable to take public moneys and … risk public funds, which to me should be, probably, more cautiously invested?”

Dorrell said banks have to refuse certain investments due to other reasons besides risk.

Pendergraft countered again, asking why the government should be involved in the fate of businesses that don’t provide essential public services.

[{"type":"text","text":"Sen. Mike Gierau, D-Jackson, rebutted Pendergraft’s logic."}]

On the Select Water Committee, he said, lawmakers are willing to “dole out” significant 

“You want to talk about blue sky?” asked Gierau. “Oh my Lord. And we do it. And we do it because it’s right.”

Haroldson said he’d be happy to put a “question mark” next to this program, and he emphasized that this is only a draft bill set for more contemplation later this year.

[{"type":"text","text":"Here Bear answered Gierau’s rebuke."}]

“As you’re forming that ideology in your mind as to how you’ll approach this, I hope you’ll also not compare water infrastructure to helping mom and pop shops have a successful program,” said Bear. 

Small business success is “quite different from water infrastructure,” he added.

Water infrastructure serves small family farms, which are businesses, said Gierau.

The head of the Wyoming Business Council sparred Monday with the Joint Appropriations Committee, which has tried to kill it. "No answer, no money," was the reply CEO Josh Dorrell got when he said he won't know the WBC's budget ask until August.

One More For The Road: Wednesday, October 16, 2024

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