If a Sweetwater County judge won’t dismiss the animal cruelty case against Cody Roberts, his lawyer wants to bar any testimony about how Roberts allegedly ran a wild wolf down with a snowmobile and taped its mouth shut.
Those are “prior acts” to what the state of Wyoming has outlined in its case against the Daniel man — namely, Roberts taking the wolf to the Green River Bar in Daniel and allegedly subjecting it to torment there, attorney Robert Piper writes in his motion filed Monday in Sublette County District Court.
“Such alleged conduct occurred prior to the wolf’s alleged presence at the Green River Tavern on Feb. 29, 2024,” the motion reads. “The state of Wyoming has taken great pains to clarify that it does not take issue with the alleged killing, capture or hunting of the gray wolf in controversy, but with its alleged torture and killing.”
Because of that, any potential testimony the prosecution might present about how Roberts reportedly captured the wolf and the “alleged mode of restraint” of the animal — taping its mouth shut — shouldn’t be allowed, wrote Piper of Coal Creek Law, who is representing Roberts.
Sweetwater County District Court Judge Richard Lavery ruled Feb. 3 against a defense motion to dismiss the cruelty case against Roberts.
“The charges at issue do not arise out of the hunting, capture, or killing of the wolf,” Lavery wrote in his ruling. “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.”
Trial In Less Than A Month
After reportedly running down the wolf with a snowmobile, a practice called wolf-whacking, Roberts was initially cited by Wyoming wildlife officials for possessing a wild animal.
After an international outcry over the wolf’s alleged torture, Wyoming legislators and courts reexamined the incident, leading to the criminal cruelty charge.
The story exploded after a photo surfaced of Roberts posing with the wolf — with its mouth taped shut — along with video clips of the wolf lying on the floor of the Green River Bar prior to it being killed behind the establishment.
The wolf also appears to be fitted with a muzzle at times in the bar images, which include a brief clip of Roberts grabbing its muzzle and turning its face to give it a kiss.
Prosecutors, and the judge in his Feb. 3 ruling have shown that how Roberts allegedly came into possession of the wolf, and how it was restrained, aren’t part of their case. Testimony about those “prior acts” would be inflammatory, Piper wrote.
“All of the allegations … are prior uncharged acts or wrongs allegedly committed by the defendant,” according to Monday’s motion. “As such, the defendant respectfully requests that this court enter its order prohibiting the state of Wyoming from soliciting testimony or introducing evidence related to the capture, hunting or destruction of the gray wolf in controversy.”
That would include a witness whom Roberts allegedly told about chasing the wolf on a snowmobile, the motion says.
Roberts’ case is set for trial to begin March 9 in Sublette County District Court in Pinedale.
Lavery has said 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.
Greg Johnson can be reached at greg@cowboystatedaily.com.
