A Sheridan County man faces two felony blackmail charges after police say he threatened to expose his half-sister over an alleged childhood sex act and grab someone by the throat unless she gave him some of their dead father's ashes.
The dispute erupted just two weeks after 83-year-old Albert N. Bailey Jr. died peacefully at his Sheridan home Aug. 14.
By Saturday, his son, Scotty Bailey, 61, wanted some of those ashes badly enough, prosecutors say, that he threatened his half-sister by voicemail and text message.
Court documents claim Bailey told the woman he would go to police and accuse her of an "atrocious crime" if she didn't give him the ashes, then "expose her."
In a voicemail, Bailey also threatened to come to where she was, grab someone by the throat, and said he didn't care if he went to jail.
Officer Tim Kozisek wrote that Bailey used "very profane language" and sounded "extremely volatile and hostile."
What began as a family fight over a father's remains ended the next day with Bailey in the Sheridan County jail.
He now faces up to 20 years in prison if convicted of both felony counts and given consecutive maximum sentences.
A Father's Ashes
Albert Bailey's obituary describes a colorful life that includes trains, race cars, and airplanes.
Bailey began working for the railroad at 18, later moved to Cody to operate Day's Salvage, and eventually returned to the railroad, retiring as an engineer.
He was a figure-eight racer who could drive a car on two wheels after riding up a ramp. He earned his private pilot's license in 1986 and owned a number of airplanes, including Pipers and a Cessna. He also loved hunting, mountains, horses and dogs.
He left behind six children, including Scotty Bailey. Albert had specifically requested that no memorial service be held.
What happened to his ashes, however, soon became a point of contention.
Bailey's half-sister told Kozisek that their stepmother had possession of the ashes and had given her a small portion. She had those ashes incorporated into a necklace and a ring, court documents say.
She told police she was unaware of any will giving Albert's children rights to his ashes. She also said she knew her father did not want his ashes dispersed and believed he wanted his wife to keep them.
The woman believed Bailey was lying and physically threatening her to make her surrender what she had, the affidavit says.
What His Stepmother Said
Police went to Bailey's stepmother's Sheridan home the following morning.
She confirmed she had her husband's ashes and had given a small amount to his daughter.
She also told police her husband had no last will and testament but said it was his wish that she keep his ashes and not give them to his children.
She described Bailey to Kozisek as rude, violent and volatile, and said he was known to abuse alcohol, the affidavit says.
Wyoming law says that when a person leaves no written instructions for burial or cremation and doesn't designate someone to make those decisions, the surviving spouse has first priority to authorize disposition. Adult children come next.
But that statute only goes so far. It does not resolve the question at the heart of Bailey’s dispute: Whether he had any right to a portion of his father’s ashes after the cremation.
His stepmother's statement to police was clear: She said Albert wanted her to keep them.
Scotty Comes In
Later that afternoon, Bailey and his wife voluntarily walked into the Sheridan Police Department.
Bailey admitted leaving the voicemail, the affidavit says.
He couldn't remember exactly what he had said but apologized for the incident and acknowledged he shouldn't have left the message.
Instead, Bailey told Kozisek, he should have spoken to his half-sister in person.
Kozisek then asked about the accusation he had threatened to make against her. Bailey said he was referring to something he believed he remembered from when he was between 8 and 10 years old and the family lived in Cody.
He described a childhood memory involving his half-sister, younger sister, a cousin and a babysitter, but acknowledged to police that “it could have been a dream.”
The affidavit gives no indication that what Bailey described was ever reported, investigated or substantiated.
Bailey's wife told police he previously told her about an incident from childhood involving his siblings and cousin while the children were naked.
Before the dispute over the ashes, she characterized Bailey's relationship with his half-sister as cordial.
'Just A Joke'
Kozisek also asked Bailey about the threat of violence.
Bailey characterized it as "just a joke," court documents say, and said it was something their father used to tell them when they were young.
Police didn't see it that way and concluded Bailey threatened his half-sister with bodily injury and to accuse her of a serious crime and "expose" her if she didn't turn over his father's ashes.
Bailey was arrested and booked into the Sheridan County jail. Sheridan County prosecutors subsequently charged him with two counts of blackmail.
The first count says Bailey threatened to accuse his half-sister of committing a crime involving sexual acts toward children unless she gave him his father's ashes.
The second says he threatened bodily injury for the same purpose. Each charge carries up to 10 years in prison.
Bailey made his initial appearance before Circuit Judge Sheryl Bunting on Monday.
His preliminary hearing is scheduled for Sept. 21, when prosecutors will have to establish probable cause for the felony case to continue toward district court.
Kolby Fedore can be reached at kolby@cowboystatedaily.com.
