The transgender Laramie resident who staged a protest at the state Capitol last summer of Wyoming’s new cross-sex access ban for public restrooms is now waging a self-defense argument in a felony aggravated assault case.
Rihanna Kelver, 26, made headlines last summer for using the women’s bathroom in the Wyoming Capitol when a new state law activated banning the practice.
The ban doesn’t allow for penalties against a transgender person using the women’s bathroom, but allows females aggrieved by that event to sue the state for letting it happen.
About two months later, Kelver was involved in an altercation with a man outside the Crowbar in Laramie. Court documents say that after a verbal clash — the contents of which are disputed — Kelver approached the man.
The man shoved Kelver, who fell to the ground, and Kelver pulled a firearm and chambered a round before pointing the pistol at the man, the affidavit alleges.
This case is ongoing, with Kelver’s attorney Andrew Holcomb, and Kelver, both promising to pursue a self-defense argument.
Meanwhile, Democratic U.S. Senate candidate James Byrd cast the case as an instance of biased enforcement, and said it highlights the need to reaffirm universal Second Amendment and due process rights for everyone.
“The Kelver case is bigger than one bartender, one crosswalk, and one night in Laramie,” wrote Byrd, who’s also a former legislator, in a Wednesday Facebook post. “It’s a test of whether the Second Amendment means what it says for everyone.”
Kelver Statement
Kelver responded to that claim with cautious statements in a Wednesday phone interview.
“There is a plethora of opportunity for me to be a victim of bias in this, but there’s a lot of evidence we need to address properly, through the legal channels, and kind of go forward with this in a way that is respectful to the legal process,” said Kelver.
“So I am not intending to make any accusatory statements about how this was handled on the police department’s side or the judicial side at the moment,” Kelver added.
Laramie Police Department Lt. Craig Lenhardt declined Wednesday to comment on the case on the department’s behalf.
Albany County Attorney Kurt Britzius, who is prosecuting this case, did not return an email and phone message request for comment by publication.
Kelver delivered another comment via phone.
“I fully respect the legal process and intend to address the facts in court, not necessarily anymore in the media,” Kelver said. “I did not go looking for confrontation. I genuinely believed my safety was threatened and my actions were taken in response to that threat.”
Kelver voiced confidence that, “when all the facts are heard in the proper setting it will be clear that this was a defensive response to a frightening situation. I just ask that people not rush to judgment based on incomplete information.”
Kelver faces up to 16 years in prison and up to $12,000 in fines if convicted.
The charges are aggravated assault (up to 10 years in prison and $10,000 in fines), possession of a deadly weapon with unlawful intent (up to five years in prison and $1,000 in fines), and interference with a peace officer (up to one year in jail and $1,000 in fines).
First, Court Documents
Kelver was standing outside the Crowbar at about 10 p.m. on Sept. 13, 2025, when an altercation unfolded after a man shouted something about the bar.
Most of the other facts of the case are disputed.
Laramie Police Department Officer Hunter Rope wrote in an affidavit filed two days later that he, Rope, was called to respond to 2nd and Ivinson streets on a report of a fight and a person drawing a handgun.
Rope spoke with Kelver on scene.
“Kelver stated they pulled out a knife during the involvement, but did own a firearm supposedly located in her vehicle,” says the affidavit. “Kelver stated they were a transgender woman and Native American.”
Earlier in the evening, Kelver was near that intersection when a man, later identified as Scott Durham, yelled, “Hey, the Crowbar should be closing, you bunch of fa*s,” the affidavit relates from Kelver’s interview.
The affidavit doesn’t list Durham’s full name, but a December court document recounting the county attorney’s office’s efforts to find out if Durham wanted restitution does. That document says Durham did not ask for restitution.
Cowboy State Daily has been unable to contact Durham.
Kelver grew agitated and confronted Durham, asking, “What the f*** did you just say,” according to Kelver’s account of the incident in the affidavit.
Durham reportedly shoved Kelver to the ground.
Kelver described to Rope trying to draw a knife, “but dropped it when she hit the ground.”
Officers searched the intersection and didn’t find the knife, the affidavit says.
The teal-colored .308-caliber firearm Kelver had allegedly claimed was in the car was, rather, in Kelver’s side bag — a thick leather satchel — wrote Rope.
Rope handed that to another officer for that officer to clear it, the document says, adding, “a live round was found in the chamber.”
The Other Account
In Durham’s account, Durham was walking north on the sidewalk across from the bar and yelled “f*** the Crowbar” because he likes the Buckhorn Bar better.
Kelver demanded to know what Durham had said, he repeated his statement, and Kelver — hand on hip — walked toward Durham and the other people with Durham, the latter alleged in his own account.
Durham reportedly said Kelver’s hand was in a black side bag, and Kelver approached Durham “aggressively.”
Kelver and Holcomb both told Cowboy State Daily in separate Wednesday interviews that this was a “three-on-one” situation, and two other people were with Durham.
Durham and another person, whom the affidavit calls “A.S.,” turned and walked west on the crosswalk toward the Buckhorn Bar, but Kelver “got face to face” with Durham, hand still in the bag, the document says.
Durham pushed Kelver away, causing Kelver to fall. Kelver drew a handgun from the bag in which Kelver’s hand had been nestled during the approach, the affidavit alleges.
Durham and A.S. kept walking away.
Kelver “racked the gun and pointed it at” Durham’s head, Rope recounted from Durham’s account.
A.S., in his interview, said he believed part of the gun was blue, reportedly.
The Witnesses And Cameras
A witness reportedly said he heard Durham and Kelver yelling back and forth, watched Kelver cross the street with one hand in the side bag, watched Durham push Kelver to the ground, then heard a gun being racked and saw Kelver point the gun at Durham.
Another witness, “E.B.,” whom the affidavit calls a friend of Durham’s, attested that Durham had said “f*** the Crowbar,” reportedly.
E.B. said he saw Kelver on the ground pointing a gun at Durham’s head as Durham walked away, Rope relates from that interview.
When police reviewed area cameras, they saw Kelver approach Durham in the crosswalk and Durham push Kelver, the affidavit says.
“Kelver appeared to stumble and fell on her back,” wrote Rope. “After falling, Kelver appeared to pull out a firearm, pull back the slide, load the firearm, and point it.”
Informed of the video’s contents, Kelver allegedly “stated she did not recall pulling the firearm during the altercation.”
Kelver described carrying the gun due to having been stalked the previous night, and for personal safety, the document adds.
Kelver was arrested.
A Little Law
Wyoming has a law saying people who act in self-defense “shall” not be prosecuted for it.
Courts have answered that mandate by forming the “John’s hearing,” where a person charged with a violent crime can try to show evidence that makes it apparent, at first glance, that that person acted with self-defense.
Then the prosecutor gets a chance to overcome that by showing by a “preponderance of the evidence” that the defendant didn’t act with self defense.
It is uncommon for judges to dismiss cases at this stage. Often, they defer the self-defense question to a jury.
Self Defense Mission
“Oh yeah, absolutely,” said Holcomb regarding whether Kelver will ask for a John’s hearing.
But first, Kelver faces a June 24 arraignment in Albany County District Court.
John’s hearings are challenging because they’re difficult to win without calling one’s client to testify, said Holcomb. And that takes a lot of preparation.
As to Byrd’s claim of bias in this case, Holcomb said, “That’s something that only the investigating officer and to some degree Kurt (Britzius) would be able to answer — why they only charged my client and not this other guy.”
As of Wednesday, no criminal charges for Durham had surfaced in the public-facing court file.
This was one of Byrd’s points in support of his bias claim.
Holcomb said he feels this is an important case and looks forward to fighting it.
“I think that it’s important we all have the same rights, not only the Second Amendment right to defend yourself, but we all have the right to due process and trial,” he said. “I’m just looking forward to ensuring that Rihanna’s rights are protected throughout the rest of this process.”
The Saga
The Albany County Attorney’s Office charged Kelver on Sept. 15.
The prosecutor negotiated at length with Kelver’s first attorney, Linda DeVine, the case file indicates.
In November, Britzius knocked the charges down to two misdemeanors instead of two felonies and one misdemeanor. Those two misdemeanors were reckless endangering (up to one year in jail), as well as the interference charge already mentioned.
In December while Kelver faced only misdemeanors, the defendant sent a letter to the misdemeanor-level judge who was expected to handle the case, Judge Robert Sanford, apologizing for using the gun.
“I do not wish to spend any time attempting to garner sympathy nor victimhood,” wrote Kelver, according to the court file. “I wish to offer my sincerest apologies and condolences to your court and to my community.”
Kelver maintained that “the assault” Kelver endured was not right, but “did not give me the right to react the way I did.”
“I am deeply sorry for this,” wrote Kelver. “I know I will do what is right to resolve this.”
But then the negotiations appear to have fallen apart.
DeVine asked for the court to delay Kelver’s change-of-plea hearing multiple times, and wrote in February that the state and defense were “still working out details on sentencing recommendations.”
In March, Britzius’ office ratcheted the case back up to the felony level.
Sanford found probable cause to send it to the higher felony-level court on May 27. Albany County District Court Judge Misha Westby is overseeing the case now.
More About Self Defense
As for self-defense, state law basically says self-defense is appropriate when it reciprocates an actual or threatened, reasonably perceived threat.
Defensive force is reasonable when someone in the defender’s situation would judge it necessary to prevent an injury or loss, and no more.
Deadly force is appropriate if necessary to prevent imminent death or serious bodily injury to oneself or others.
A person attacked in a place where lawfully present doesn't have a duty to retreat, as long as the person isn’t engaged in a crime, and isn’t the initial aggressor.
Clair McFarland can be reached at clair@cowboystatedaily.com.
