The Sweetwater County judge overseeing the Sublette County case of a man accused of torturing a wolf two years ago ruled Tuesday that he won’t dismiss the case early.
Cody Roberts is charged with felony animal cruelty, which is punishable by up to two years in prison and $5,000 in fines, following claims he captured a wolf, took it injured into a bar in Daniel, Wyoming, taunted it then later shot it.
Wyoming law bans cruelty to animals, but contains an exception for lawful acts of hunting, capture, killing or destruction of predators and other wildlife.
Those exceptions aren’t enough to get Roberts out of this case early, Sweetwater County District Court Judge Richard Lavery ruled Tuesday, after hinting last Wednesday that he would rule that way.
“The charges at issue do not arise out of the hunting, capture, or killing of the wolf,” wrote Lavery in a Tuesday order cementing his decision. “This case does not arise out of the capture of the wolf, but out of Defendant’s alleged conduct after capturing the wolf but before it was killed.”
In other words, Lavery agreed with the recurring argument of the case prosecutor, Sublette County Attorney Clayton Melinkovich, that if Roberts tortured the wolf either by overt acts or acts of omission, he didn’t do so while hunting, capturing, killing or destroying the wolf.
The case is set for a March 9 trial in Sublette County District Court in Pinedale.
Lavery said last week during Roberts’ hearing that he plans to call around 100 potential jurors and select 31 — that’s the 12 slated to deliberate and 19 alternates.
Felony-level jury trials in Wyoming often have one or two alternates, who can deliberate if one of the main jurors falls sick, dies or reveals some prejudice during trial.
Clair McFarland can be reached at clair@cowboystatedaily.com.
