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

<title>Daily Cartoon: Sunday, March 9, 2025 | Cowboy State Daily</title>

Daily Cartoon: Sunday, March 9, 2025

Kolby fedore

Kolby Fedore

Crime & Courts

A Texas man is accused of exposing his erect penis and "wiggling his hips" in the parking lot of a busy Mexican restaurant in Jackson on Tuesday evening before driving away intoxicated.

The alleged incident involving Anthony Joseph Durkas happened at 7:42 p.m. outside El Abuelito Restaurant, a popular family eatery about a five-minute walk west of Jackson Town Square.

A caller told dispatch an intoxicated man pulled down his pants, exposed his genitals and was "swinging it around" in the parking lot before climbing into a white Chevrolet Silverado with Texas license plates.

The public indecency allegation, however, stems largely from what police say happened before officers ever arrived, documented in a probable-cause affidavit filed Wednesday by Sgt. Justin Lancaster of the Jackson Police Department. 

A woman who witnessed the encounter showed Lancaster cellphone video she recorded from the parking lot before providing it to investigators for review. 

The video appeared to show Durkas "passionately kissing a woman" before she reached toward his crotch. 

Lancaster notes the video showed Durkas "appeared to undo his pants facing the female." 

Then, he wrote, Durkas "turned to the side which showed his penis was erect and exposed to the general public."

According to the affidavit, Durkas then began "wiggling his hips, which caused his erect penis to move in a circular motion."

Lancaster wrote the incident occurred during the dinner rush with passing motorists and at least one witness nearby.

[{"type":"text","marks":[{"type":"bold"}],"text":"DUI Arrest"}]

As officers arrived, Lancaster reported seeing the pickup backing out of a parking space.

When the officer approached the driver's window, he said he immediately smelled a strong odor of alcohol along with the faint smell of marijuana coming from inside the truck.

Lancaster wrote that Durkas had bloodshot, watery eyes, slurred speech, and appeared unsteady on his feet after getting out of the vehicle.

Lancaster also said Durkas was "slow to follow commands and/or was unable" to comply with instructions.

He noted that Durkas did not respond to a request to perform standardized field-sobriety tests.

Durkas was arrested on suspicion of driving under the influence and taken to jail. His pickup was impounded because, according to Lancaster, it was partially blocking the parking lot.

During an inventory search of the truck, officers found a clear plastic bag labeled "MAC GALACTIC" containing suspected psilocybin mushrooms.

Inside a camper shell, officers also reported finding what appeared to be burned and unburned marijuana in a pipe along with a grinder.

[{"type":"text","marks":[{"type":"bold"}],"text":"Court Proceedings"}]

Durkas appeared Wednesday in Teton County Circuit Court, where he was arraigned on one count each of public indecency and driving under the influence, along with two misdemeanor counts of possessing controlled substances.

If convicted on all four counts and ordered to serve the maximum penalties consecutively, he could face up to 3½ years in jail and $4,500 in fines.

Teton County Circuit Court Judge Erin E. Weisman set a bond at $3,000 cash or surety and scheduled a jury trial for Oct. 27, though the matter could be resolved through a plea agreement or another disposition.

El abuelito restaurant jackson 6 25 26

<title>Texas Man Accused Of Flashing Penis Outside Busy Jackson Mexican Restaurant | Cowboy State Daily</title>

A Texas man is accused of exposing his penis and "swinging it around" in the parking lot of a busy Mexican restaurant in Jackson on Tuesday evening before driving away intoxicated. If convicted on all four counts he could face up to 3½ years in jail.

Texas Man Accused Of Flashing Penis Outside Busy Jackson Mexican Restaurant

Heinz mark

Mark Heinz

Fishing

Facing extreme drought in the wake of an exceptionally mild winter, officials in Colorado and Oregon have thrown up their hands and told anglers at some reservoirs: Catch all the fish you want, because they’re going to die anyway.

Conditions aren’t nearly so dire at two of Wyoming’s premier fishing reservoirs, Flaming Gorge in Sweetwater County and Boysen in Fremont County, where limits remain in place and the angling should remain good this summer, a state park manager and marina owner told Cowboy State Daily.

In northeastern Oregon, fishing limits were lifted on three reservoirs on the Powder River, a tributary of the Snake River, which originates in Wyoming.

Colorado is allowing unlimited angling on Antero Reservoir on the South Platte River in the central part of the state, and the Nee Noshe Reservoir to the southeast.

Utah has loosened catch limits on Crouse Reservoir, east of Salt Lake City, and Nine Mile Reservoir, south of the city.

In each instance, state agencies surmised reservoirs are getting so low and stagnant the fish are doomed regardless, according to numerous media reports.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"No Emergency, Yet"}]

Despite drought conditions across the state, the Wyoming Game and Fish Department doesn’t have “immediate plans to enact emergency regulations to liberalize creel limits,” according to fisheries management coordinator Mark Smith.

“However, conditions could change rapidly. If an emergency change to creel limits were to occur that information would be disseminated widely to the public and posted at the water for anglers to find,” Smith said in an email to Cowboy State Daily.

Some of Wyoming’s larger reservoirs have conservation pools, or “dead pools,” to act as buffers for fisheries when water is running low, Smith said.

Even so, “all stored water has limitations,” he added. The water at Flaming Gorge and Boysen is expected to drop enough to render some boat ramps useless.

So, Game and Fish is watching closely for a “tipping point” that might warrant a change in fishing regulations, Smith said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bad New For Small Waters"}]

For smaller fisheries, the news isn’t quite so good.

“Ultimately, our goal is to protect all of our fisheries, but we recognize that some of our small waters have already been lost, or will be lost, to drying,” Smith said.

Sometimes that happens so fast there isn’t time to react, he said.  

“For example, when we were finally able to access roads and assess small ponds in the 33 Mile country north of Casper this May, most of those fisheries had already succumbed to low water elevations and poor water-quality conditions,” Smith said.

“Other sagebrush stock-water reservoirs could face a similar fate,” he added.

Emergency regulations require the governor’s signature.

“Emergency regulations take effect immediately upon the Governor’s approval and would be lifted if conditions improved and fish were likely to survive,” Smith said.

Boysen Reservoir has been roughly 70% full during June, Boysen State Park superintendent John Bass said.

Boysen is one of Wyoming’s top destinations for walleye, and also boasts good trout fishing.

Bass said he doesn’t anticipate the reservoir dropping to the point of mass fish die-offs or calls to lift all fishing limits.

According to Bureau of Reclamation estimates, Boysen will slowly fall, but remain above 50% capacity.

All four Boysen boat ramps are usable, he said. They are Bannon, Tough Creek, Fremont Bay and Cottonwood Bay.

“Although, as the lake starts falling, the Fremont and Cottonwood Ramps will be too shallow to use. But that’s a fairly common occurrence in my 10 years here,” Bass said. "The Brannon and Tough Creek boat ramps will be usable for the remainder of the year, until ice-up.” 

Likewise, there’s no reason to think officials will call for a free-for-all at Flaming Gorge, which straddles the Wyoming-Utah state line, Buckboard Marina owner Tony Valdez said.

“I don’t think we’ll be at the stagnant water level, where we could lose all of the fish,” he said.

Flaming Gorge draws anglers from all over the region for its prized kokanee salmon. It’s also known for lake trout and other species.

The Bureau of Reclamation this spring announced that Flaming Gorge is set for a million-acre-foot drawdown to make up for severe shortages downstream at Lake Powell, on the Utah-Arizona state line.

An acre foot is the amount of water that would flood an acre of land to the depth of one foot.

Valdez has previously expressed concerns the drawdown could ruin kokanee spawning areas. Kokanee are already under pressure because of competition with lake trout and burbot.

Wyoming Game and Fish and the Utah Division of Wildlife already lifted catch limits on smaller lake trout (under 28 inches) and burbot, in hopes of helping the kokanee.

Valdez said he doesn’t expect fishing limits to be suspended on any other species.

However, boat ramps could be rendered useless as the reservoir drops for the drawdown, he added.

Valdez said his marina could also tank this summer.

“This year, the marina could be gone. In fact, I’ve got to go deal with that right now, and move some stuff around (because of dropping water levels),” he said during a telephone interview with Cowboy State Daily.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Catfish Getting Scarce"}]

Valdez said if there’s any danger of water dropping to fish-killing levels it would hit first upstream, at Fontenelle Reservoir.

“If it did get that low, the first one to go would be Fontenelle, then the Green (River) and then Flaming Gorge. But I don’t see it dropping that low,” he said.

Drought has ruined some of the fishing on the Blacks River, which feeds Flaming Gorge on the west side, Valdez said.

That river once was a hot spot for catfish, he noted.

“People still catch catfish near the confluence, more so in the lake than on the river. The river gets stagnant,” he said.

While Flaming Gorge is holding its own for now, the long-term picture could be stark.

During a Tuesday meeting in Denver, members of the Upper Colorado River Commission said conditions along the river system – which includes the Green River – are dire.

Wyoming state engineer Brandon Gebhart said it could be the 

Antero reservoir 6 26 26

<title>Colorado And Oregon Lift Fishing Restrictions, Drought Will Kill Fish Anyway | Cowboy State Daily</title>

Facing extreme drought in the wake of an exceptionally mild winter, officials in Colorado and Oregon have told anglers at some reservoirs: Catch all the fish you want, because they’re going to die anyway. In Wyoming, emergency measures are on hold.

Colorado And Oregon Lift Fishing Restrictions, Drought Will Kill Fish Anyway

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

Clair McFarland

Courts

The things Wyoming state Rep. Bill Allemand said while handcuffed for 12 minutes during a 

 can’t be used as direct evidence against him in a trial slated for September, because his arresting deputy failed to give him his Miranda rights, a Johnson County court magistrate has ruled. 

Allemand, a Republican state representative of the Mills area, 

 on suspicion of driving under the influence of alcohol in Johnson County – one day after a Buffalo traffic stop just off Interstate 25.

When Johnson County Deputy Caleb Campbell stopped Allemand at around midday Dec. 28, Campbell handcuffed Allemand without first giving the lawmaker his Miranda warnings against incriminating himself. 

That was a fair move, because Allemand had a gun on his front truck seat and Campbell had concerns about officer safety, Buffalo Circuit Court Magistrate Jeremy Kisling ruled in a Friday order. 

But Allemand remained handcuffed for 12 minutes – including a length of time after Campbell had secured the gun and after Campbell’s secondary “cover” deputy arrived. And Campbell kept asking Allemand questions, and also urged Allemand to be honest with him, according to court documents and body-camera video shown in court. 

This led to a number of potentially incriminating statements while Allemand was confined, but not warned the order says. 

Because Allemand was being interrogated while in custody without receiving his Miranda warnings, 

 he said during that 12-minute span can’t be part of the Johnson County Attorney’s Office’s main case against him at his Sept. 16 trial in Buffalo Circuit Court, Kisling ruled. 

“Even in consideration of the totality of the circumstances, the court can think of no scenario where a reasonable person would not consider themselves in police custody after being placed in handcuffs,” Kisling wrote. “Deputy Campbell violated the defendant’s constitutional rights by questioning him while he was handcuffed without reading Miranda advisements.” 

But Allemand wasn’t coerced, threatened, or tricked into saying the many things he said or indicated while handcuffed. In the body camera footage, for example, Allemand said he’d had two beers, and he knew drinking and driving is “highly illegal” but drinking while driving down the interstate helps with his “anxieties." 

So since Allemand's statements were voluntary, the case prosecutor can still bring those statements up for “impeachment,” or to fact-check testimony at trial, Kisling ruled. 

The prosecutor can also bring direct evidence of what Allemand said after Campbell removed his handcuffs and tried getting him to perform field-sobriety tests. For example, Allemand voiced confusion about whether his gun was on his body, said “nonsensical” things and repeatedly asked questions that had already been answered, notes Kisling’s order. 

Kisling also said the evidence shows Allemand’s speech was slurred, and he swayed and stumbled during the traffic stop. 

Allemand reportedly failed his field-sobriety tests and was arrested and taken to jail.  

The evidentiary affidavit, body and dash camera video, and court testimony together indicate that a blue truck was the subject of a Report Every Drunk Driving Incident (REDDI) call. A male in his 60s with white hair was driving the truck, the REDDI caller told dispatch at the time, according to court documents. The caller initially described the truck as a blue Dodge with a bed topper, but later voiced uncertainty as to whether it was a Dodge, the order recounts. 

Campbell arrived on that section of interstate to find the REDDI caller’s vehicle driving near a blue Toyota Tacoma with a bed topper. The Tacoma left the interstate in the Buffalo area, stopped at a stop sign, rolled toward the intersection and braked abruptly to avoid colliding with a red truck, Campbell testified in court in March. 

Dash camera footage, though grainy, corroborates this partially by showing a red truck pass in front of Allemand’s truck. 

Allemand parked the blue truck at the Miller’s Travel Center gas station. 

Campbell activated his lights, knocked at Allemand’s window, and soon put him in handcuffs because Allemand had a gun on his front truck seat, according to the case evidence. That’s reportedly why Campbell handcuffed him. 

[{"type":"text","text":"‘Justified Under All Circumstances’"}]

Allemand’s attorney Mike Vang had brought an argument with regard to this evidence that Campbell didn’t have reasonable suspicion to justify the initial traffic stop or its extension. 

The Wyoming Constitution’s Article 1, Section 4, requires that searches and seizures be reasonable under all the circumstances. For traffic stops, Wyoming courts are to review that reasonability question under “all facts and circumstances,” Kisling’s order says. 

[{"type":"text","text":"Vang argued at a March 25 hearing that Campbell failed that test. "}]

[{"type":"text","text":"Kisling disagrees. "}]

“The initial stop was justified under all circumstances,” the magistrate wrote. The REDDI report and matching circumstances in which Campbell found the REDDI caller and Allemand lent reasonable suspicion, but Campbell also had probable cause of a traffic violation with Allemand’s alleged failure to yield the right of way to the red truck at the intersection. 

Campbell was also justified in extending the stop because he had evidence that a DUI had happened, Kisling added. 

“The video speaks for itself in establishing there was probable cause to believe the defendant was under the influence of alcohol while operating a motor vehicle,” the magistrate wrote

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<title>Judge Rules Rep. Allemand Wasn’t Read Miranda Rights When Stopped For DUI | Cowboy State Daily</title>

A Johnson County judge ruled that anything Wyoming state Rep. Bill Allemand said while handcuffed for 12 minutes during a DUI traffic stop can’t be used as direct evidence against him, because his arresting deputy failed to give him his Miranda rights.

Judge Rules Rep. Allemand Wasn’t Read Miranda Rights When Stopped For DUI

Wildlife

Colorado Parks and Wildlife is trying to determine why a black bear attacked a woman Sunday on a popular hiking trail, and then followed her for 30 minutes despite her shouting and throwing rocks at it.

“We don’t know for sure, because we haven’t found the bear,” Kara Van Hoose, CPW's northeast region spokeswoman, told Cowboy State Daily on Wednesday.

The bear was thought to be a “yearling, or young adult,” she added.

Predatory attacks, in which a bear is deliberately stalking a person as prey, are extremely rare in both black bears and grizzlies.

Most bear attacks are defensive or territorial.

The consensus among bear biologists is that while grizzlies are more likely to attack humans, black bears are more likely to attack in a purely predatory manner.

While the bear’s behavior was alarming, CPW doesn’t think it was predatory, Van Hoose said.

“It makes us think more likely a food-conditioned bear, not a predatory black bear,” she said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bear Wouldn’t Give Up"}]

The woman, who CPW did not identify, told wildlife agents that she was attacked from behind and suffered scratches on one leg at about 5:20 p.m.

She was on the Enchanted Forest trail in the 700-acre Apex Park near Golden in Jefferson County. CPW shut down the park after the reported attack.

The woman told investigators the bear continued to follow her despite her repeated attempts to intimidate and haze it by making herself look big, shouting, and throwing rocks and sticks.

Toward the end of the encounter, the woman was joined by two hikers who responded to her calls for help. Even with all three people shouting at it, the bear was undeterred, CPW reported.

Eventually, the bear turned down another trail, where it reportedly started following other hikers, according to CPW.

The woman is an avid hiker who has had previous bear encounters, and acted appropriately by trying to intimidate and haze the bear, Van Hoose said.

The woman gave CPW a short cellphone video she took during the encounter, which helped the agency identify the bear as relatively small and probably young, Van Hoose said.

CPW isn’t at liberty to share the video with Cowboy State Daily, she said.  

 reported the woman reached out and shared the video and details of the encounter but declined to be named in their report.

The woman told Denver 7 the bear was “circling” her.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Problems Human-Caused"}]

British Columbia bear researcher Lana Ciarniello told Cowboy State Daily she couldn’t comment on the specifics of the Colorado attack, but affirmed that predatory behavior is extremely rare in both black bears and grizzlies.

Most human-bear conflict is rooted in human mistakes, such as deliberately feeding bears or allowing them access to garbage or other food sources, she said.

People who recreate in bear territory should “take training courses” on avoiding close encounters, and what to do if one occurs.

And “carry bear spray,” Ciarniello said.

Van Hoose said it wasn’t known for certain whether the woman attacked in Colorado was carrying bear spray.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Time To Fight Back"}]

Ciarniello noted that a video tutorial, “Staying Safe in Bear Country”, was made years ago by the International Bear Association (IBA) but remains a “gold standard” bear-safety training tool.

In one segment, the difference is noted between defensive actions by bears versus deliberate approaches.

Bears that deliberately approach people might be driven by curiosity or food conditioning, according to IBA. In rare instances, bears see people as prey.

A predatory bear will move in “with its head up and ears erect, its approach is confident and persistent,” according to IBA.

If a predatory bear makes contact, it’s time to fight back because “you’re fighting for your life,” IBA states.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"What Happens To The Bear?"}]

It’s not certain what will happen to the bear once CPW finds it, Van Hoose said.

More information is needed before it can be determined whether it will be euthanized, or if other action is needed, she said.

Agents need to determine if it has persisted in following people or displayed other aggressive behavior, and whether it might be malnourished or suffering from disease, Van Hoose said.

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<title>Colorado Wildlife Officials Uncertain Why Black Bear Attacked, Followed Woman | Cowboy State Daily</title>

Colorado wildlife agents are trying to determine why a black bear attacked a woman on a hiking trail in Denver and then followed her for 30 minutes despite her shouting and throwing rocks at it. The woman who took video of the encounter said it was "circling her."

Colorado Wildlife Officials Uncertain Why Black Bear Attacked, Followed Woman

Employee kate meadows cropped

Kate Meadows

Around Wyoming

A dispute over primitive outhouses on Amish-owned property in Crook County has prompted claims that some families are leaving northeast Wyoming’s oldest Amish community, though county officials say the issue has been resolved and was never intended to drive anyone away.

Sheridan rancher Pepper Fipps said he believes county enforcement efforts over wastewater disposal in the Hulett area have discouraged Amish families from remaining in the community.

“They wind up starting a little bit of a war,” Fipps said of the commissioners. “The community is dwindling.”

[{"type":"text","text":"Crook County Commission vice chairman Bob Latham disputes that."}]

“It’s all settled now. Everything is fixed,” Latham told Cowboy State Daily.

An estate moving sale earlier this month was held for two Amish families — Abe and Elizabeth Yoder and Rudy and Irene Borntreger. Records show Abe Yoder was among the landowners involved in the wastewater dispute.

About 40 Amish families live in the Hulett area, Fipps said. Founded in 2011, the Hulett Amish settlement is one of five in Wyoming.

Cowboy State Daily attempted to contact the families but did not receive responses before publication. Amish communities have traditionally relied on the U.S. mail for communication, and many members do not use cell phones or email.

[{"type":"text","marks":[{"type":"bold"}],"text":"Sanitation Concerns"}]

The issue surfaced in October 2024, when Crook County officials learned some Amish landowners west of Hulett had dug pits to use as toilets without obtaining permits.

Crook County wastewater specialist Caleb Peters informed commissioners that Yoder had installed outhouses that did not comply with county regulations, according to reporting by the Sundance Times.

Latham said a hole in the ground used to collect human waste is considered an illegal outhouse because it poses a risk to groundwater.

Commissioners scheduled a hearing in January 2025, expecting Yoder to attend and discuss the matter, but he did not appear, according to the Times.

Peters and county planning director Tim Lyons determined conditions at some properties presented health concerns after observing graywater and blackwater drainage. The Times reported Peters found a chicken with its head inside blackwater drainage at one residence, along with what he described as an odor of rot. At another property, he reportedly discovered an abandoned outhouse occupied by animals.

Latham said county code requires human-waste receptacles to be portable, pumpable or connected to a septic system.

[{"type":"text","marks":[{"type":"bold"}],"text":"No Fines Levied"}]

Fipps contends county officials threatened landowners with fines of up to $30,000 per day if they failed to comply with regulations.

He called the county’s rule about illegal outhouses “asinine, stupid."

“It is baffling to me because I haven’t ever seen an outhouse blow up,” he said, noting Amish families typically live on 160-acre parcels well away from town.

[{"type":"text","text":"Latham said fines were never a part of the county’s solution."}]

[{"type":"text","text":"“To my knowledge, we never imposed fines,” he said."}]

Due to the challenge of communicating with Amish residents, County Attorney Joe Baron mailed letters to the landowners, Latham said. Peters also visited properties in person several times, he added.

“Some didn't want to talk to him,” Latham said. “Some did and were very cordial. The ones who didn't found out we're not going to quit, because it's about health and safety. It's something we take very seriously.”

After being notified of the violations, some landowners installed vault toilets that comply with county requirements, he said.

He credited Peters’ persistence with resolving the issue. 

“Caleb did a heck of a job of staying on it and getting things corrected,” Latham said. “Sometimes they feel like they can follow a different path. It was a lot of education and a lot of back-and-forth.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Government Overreach Or Public Health?"}]

Fipps said he believes the county's response amounted to government overreach.

Latham disagrees, saying Crook County is obligated to enforce regulations consistent with standards established by the Wyoming Department of Environmental Quality.

“Every time we have to knuckle down and say, 'This isn't right', we hear that,” he said. “We could have been a lot meaner about it. It was mainly getting an understanding of what the laws are.

[{"type":"text","text":"“Our biggest thing with that deal is their health and safety.” "}]

According to the Young Center at Elizabethtown College, Crook County is home to Wyoming's largest Amish settlement. The state's Amish population numbers roughly 500 people spread among five settlements.

[{"type":"text","text":"Smaller settlements have since formed near Newcastle, Buffalo and Powell."}]

A Sheridan rancher says an "asinine, stupid" outhouse crackdown is pushing Amish families out of the Hulett area. He said landowners were threatened with fines of up to $30,000 per day if they failed to comply with outhouse regulations.

Daily Cartoon: Sunday, March 9, 2025

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