Daily Smile

[{"type":"text","text":"When you see Mom walking up to take you home....."}]

Smile 12 3 24

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

<title>Daily Smile: Tuesday, December 3, 2024 | Cowboy State Daily</title>

When you see Mom walking up to take you home.....

Daily Smile: Tuesday, December 3, 2024

 When you see Mom walking up to take you home.....

Heinz mark

Mark Heinz

Wyoming Life

Four the fourth year in a row, Cowboy State Daily proudly brings you “The Star-Spangled Banner” played on a chainsaw by yours truly.

There’s a lot to reflect on this year. Though I was just a kid when Americans celebrated our nation’s Bicentennial in 1976, I still remember it clearly.

And now here we are, celebrating 250 years of these United States of America.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"America The Beautiful"}]

As I was standing in the back of my pickup on Thursday doing a take of my rendition of our national anthem as my daughter-in-law Veronica Zazueta took video, a thought crossed my mind.

What would the 1976 kid me have thought if someone could have told him that, “In 50 years, you’re going to be in the back of a pickup, playing the national anthem on a chainsaw while one of your beloved family members takes video of it.”

I’m guessing the thoughts might not have been flattering.

Regardless, this is an amazing time to be alive as our nation passes a huge milestone.

Are things the greatest right now? Maybe not. There seems to be quite a bit of division and angst over the state of the nation at present.

But I’m an eternal optimist. I think Americans are built different. We have a grit in us. We’ve been through a lot before, and we’ll get through this.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"How It Came To Be"}]

The chainsaw nation anthem tradition goes back to before I worked for Cowboy State Daily. The July before I was hired as the outdoors and wildlife reporter, my wife, our youngest daughter and I were living in a townhouse in Laramie.

Neighbors were piled right next to each other, and college kids who were renting units on either side were cutting loose with fireworks.

My wife or daughter said something along the lines of, “They’re being obnoxious.”

I replied with something like, “Oh, I’ll show them obnoxious,” grabbed one of my chainsaws and had my daughter take video as I “played” the national anthem.

Months later after CSD Editor Jimmy Orr hired me, I showed him the video and he said something like, “That’s ridiculous, and awesome. You have to do that for Cowboy State Daily.”

[{"type":"text","marks":[{"type":"textStyle"}],"text":"And so a tradition was born."}]

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"What’s With The Oil?"}]

This year, we headed out to some fishing pond near Riverton, where the family now lives, to do several video takes, which Veronica edited into the final version you see here.

We certainly got some strange looks. I can’t imagine what was going through people’s minds when they showed up to toss a line, never expecting to see some yahoo with a chainsaw.

Because it’s a special anniversary for the USA, I upgraded from the Stihl MS 261 I’ve used for previous videos to my flagship saw, the 500i. 

It’s Stihl’s first fully fuel-injected model, which cuts like an absolute beast.

I noticed, as I did last year with the MS 261, copious amounts of bar oil leaking from the saw — which you might also notice in the video.

I did some research, and it was as I thought. If you run a saw at high speed for extended periods without cutting wood, the bar oil that’s constantly lubricating the chain has nowhere to go, and thus starts spilling out of the saw.

I hope you enjoy this year’s Cowboy State Daily chainsaw salute to our great nation.

Mark Heinz plays the Star Spangled Banner on a chainsaw 2026 1

<title>The Tradition Continues: Mark Heinz Plays 'The Star Spangled Banner' On His Chainsaw | Cowboy State Daily</title>

A Cowboy State Daily patriotic Independence Day tradition continues for the fourth straight year with outdoors writer Mark Heinz belting out “The Star Spangled Banner” on a chainsaw.

The Tradition Continues: Mark Heinz Plays 'The Star Spangled Banner' On His Chainsaw

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

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

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."

She said she showed the video of the coyotes attacking the calf to her husband.

“He said, ‘in 30 years of doing this (ranching) I’ve never seen anything like that',” she said.

There have always been instances of coyotes darting in to attack a sick or wounded calf, or “going after the afterbirth” during calving season, she said.

But nobody in the area seems to recall many instances of coyotes, which are usually opportunistic hunters, going directly after healthy livestock.

Smith said coyotes generally favor small prey, such as rodents. They do tend to “hunt in pairs” and will on rare occasions go after something bigger, such as sheep or a calf, he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Are Wolves To Blame?"}]

Cerveny said she and her neighbors wonder if coyotes are more aggressively going after cattle “because of competition from wolves” for other prey.

Smith said that almost certainly isn’t the case.

“Coyotes do what coyotes do, and wolves do what wolves do," he said. "They’ve lived alongside each other for hundreds of thousands of years. One doesn’t force the other to do anything.” 

Smith added that wolves returning to an area where they’ve been absent for a while, such as Colorado, doesn’t change that dynamic.

“Pull them (wolves) away for a few decades, and that’s not really going to change coyote psyche and behavior,” Smith said. “It’s the ghost of evolution past."

Wolves are thought to have wandered into Colorado from Wyoming and formed a pack in about 2020.

The state also began reintroducing wolves in December 2023.

Smith said elk might leave an area this time of year to move to higher elevations, and leave both coyotes and wolves in the low country.

But as he sees it, both canine species can get by without elk.

Outside of rarely taking an calf, coyotes don’t rely on elk as a prey source, he said. And wolves’ dependence upon elk might also be greatly overestimated.

Wolves are actually lousy elk hunters, Smith said, succeeding only about 5% to 15% of the time they set out to kill elk.

When elk leave an area, it’s probably not because wolves scared them, Smith said.

“Elk stay where they want to stay because of food,” he said. “They aren’t hype-afraid of wolves, because if they encounter a wolf they’re likely to live.”

Coyotes and wolves 7 3 26

<title>Rancher Says Wolves Making Colorado Coyotes More Aggressive With Livestock | Cowboy State Daily</title>

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.

Daily Smile: Tuesday, December 3, 2024

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