A 28-year-old Powell man accused of trying to run over workers in a construction zone near the Cody Church of Jesus Christ of Latter-day Saints temple site while ranting “f*** you, Mormons!” and “I’ll f***ing kill you!” has been found mentally competent to stand trial.
Tyrel Ross Nisley was bound over to felony-level Park County District Court after a Thursday preliminary hearing.
That followed a monthslong court-ordered mental evaluation that eventually found Nisley competent to face a single charge of aggravated assault and battery.
If convicted, Nisley could face a maximum sentence of up to 10 years in prison, a fine of up to $10,000, or both.
Claims Church Stole His Land
The Powell man allegedly was raging at construction workers along Skyline Drive near the then-nearly complete LDS temple, according to an affidavit of probable cause written by Cody Police Department Officer Brandon Tilman.
He first stopped, allegedly got out of his car and threw construction signs and cones into the roadway, according to the affidavit.
Then he got back into the car and drove at on-site workers, who had to jump out of the way to avoid being hit.
Nisley told police that he believed the road workers and an employee of Black Hills Energy at the site the morning of March 9 were working for the church, the affidavit says.
He also stated that “the LDS temple was on stolen land that belonged to Nisley,” the affidavit says. “Nisley said he was throwing cones because they stole his land and it belonged to him.”
He also denied driving the Toyota Corolla that allegedly tried to run over the workers.
As he was throwing the cones and traffic control signs, Nisley reportedly was hurling profane slurs about the LDS church, Tilman wrote.
“As Nisley continued to yell, a Black Hills Energy worker … started to walk toward Nisley along the roadway,” the affidavit says.
“While (he) was walking, he stopped in the gravel section off the pavement and Nisley drove the Toyota at a high rate of speed, crossing both lanes of travel in the direction of (the man),” the document continues.
Another witness said it appeared Nisley was “attempting to swerve the Toyota at the direction of (the Black Hills worker) as he was standing off the roadway,” the affidavit says.
‘Signs Of Acute Mental Illness’
During Nisley’s arrest, Cody police officers noted he was listed as an “emotionally disturbed person,” Tilman wrote in his affidavit.
“Nisley was making comments about the Mormons shooting at him and jets were flying over his house,” he wrote. “Nisley was unable to carry on a logical conversation about what occurred and was presenting signs of acute mental illness.
“After not being able to gather accurate information about Nisley’s recollection of events, I informed him he was going to be placed under arrest.”
The arrest was necessary because of the immediate danger and apparent threat to the workers along Skyline Drive that morning, the affidavit says.
Whatever his motivations, Nisley “drove his vehicle at a high rate of speed, crossing over two lanes of traffic toward a Black Hills Energy worker who was standing off the roadway … in a manner with wanton disregard for the safety of the other workers.”
Nisley was contacted on a traffic stop a few minutes later and arrested that day, according to the affidavit.
Soon after that, Judge Joseph Durrah ordered the competency evaluation, then found Nisley competent to proceed in the case on Sept. 21.
That was despite an earlier plea from the defendant’s adoptive father in a letter to the judge.
“First, I want to thank you for your kindness and fairness in how you handled the hearing with my son, Ty Nisley,” the letter says. “I so appreciated the respect you showed him and the attention you paid to the concerns I expressed at the end of the hearing.”
He wrote that, as a father, he has “great concerns for Ty’s mental health and wellbeing” and that his family is praying for him to “get the mental health care that he truly needs.”
However, Nisley has so far refused that help, the letter states.
“We are hoping this is the chance he needs,” the letter says. “I am confident he will not survive in the general prison population.”
Greg Johnson can be reached at greg@cowboystatedaily.com.
