This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.
The motion to dismiss a case against a man who brought a wolf into a Sublette County bar after injuring it has been denied, according to court documents filed Feb. 3.
That means Cody Roberts’ felony charge of animal cruelty will be decided through a jury trial slated to start on March 9 at the Sublette County courthouse.
District Court Judge Richard Lavery signaled at a hearing last week the case would proceed. Lavery agreed with Sublette County Prosecutor Clayton Melinkovich that the defense was using too broad an interpretation of state law.
Roberts’ lawyer, Rob Piper, had argued that the phrase “in any manner” contained within Wyoming State Statute 6-3-1008 gave Roberts a “blanket license” to capture, hunt or destroy predators “in any manner whatsoever.”
“It does not,” Lavery wrote in his order. “To read the statutes as Defendant suggests would require the court to rewrite the statutory language to substitute broad language, such as ‘any acts,’ for the specific language used by the legislature, ‘hunting, capture, killing or destruction,” adding courts cannot add to words to statutes that the Legislature chose to omit.
Also at question was whether a Wyoming Game and Fish Department wolf biologist could serve as an expert witness. At an earlier hearing, the defense argued the testimony is irrelevant. But Melinkovich indicated it’s a key part of understanding a healthy wolf’s behavior versus a wolf that might be suffering. The motion to exclude him from the case was not included in the Lavery’s order denying the motion to dismiss.
Next, 100 people from Sublette County could be called for the jury pool as soon as Feb. 12. Ultimately, 31 people will be selected, with most being alternates for the 12-person jury.
If convicted, Roberts faces a felony with up to two years in prison, a fine of up to $5,000 or both.
