Cody Roberts has doubled down on his push to have his felony animal cruelty case dismissed.
Robert Piper, Roberts’ attorney, on Tuesday filed a second motion arguing that Roberts’ case should be tossed. Sublette County Prosecutor Clayton Melinkovich’s case rests on ignoring the plain language of a state law allowing wildlife to be hunted, captured, killed or destroyed “in any manner not otherwise prohibited by law,” he said.
The case relies on an “unconstitutionally broad reading” of the law, Piper said.
In February 2024, Roberts captured a wolf and brought it into the Green River Bar in Daniel on a leash and with its mouth duct-taped. The incident ignited global outrage. In the aftermath, the Wyoming Game and Fish Department cited Roberts for illegally possessing the wolf, and issued him a $250 fine, but declined to pursue further charges. In August, Melinkovich convened a grand jury, which indicted Roberts for felony animal cruelty.
Roberts has pleaded not guilty.
Piper’s motion filed this week was the third in a back-and-forth between Piper and Melinkovich over the legitimacy of the case. Piper filed a motion to dismiss in mid-December, arguing that state statute creates a “blanket license” to capture, hunt and destroy predatory animals in “any manner whatsoever.”
Melinkovich responded in late December, writing that the statute in question is only relevant to how animals can be captured and killed. The case, however, is not about how the animal was captured or killed, but what happened to it in between, Melinkovich said.
In the warring motions, the attorneys have argued over the Wyoming Legislature’s intentions in drafting the statute.
Melinkovich argued that lawmakers obviously didn’t intend to permit wildlife to be treated in any way. That would permit torture and bestiality, which is “absurd” and not the intention, Melinkovich said.
In the most recent filing, Piper said the Legislature’s decision to pass a law last year prohibiting people from causing living wildlife, including predators, “undue suffering” demonstrates that was not the intent of the earlier statute.
A pretrial hearing to consider the motions is set for Jan. 28. The trial is set to begin on March 9.
Melinkovich also filed a rebuttal of his own this week, in response to filings by Piper seeking to exclude some evidence.
Piper asked Sweetwater County District Court Judge Richard Lavery to prohibit including as evidence of prior acts of wrongdoing, hearsay and expert testimony from Ken Mills, a Game and Fish large carnivore biologist. Piper said Mills would unscientifically analyze a video of the wolf and tell the jury what to think about it.
Melinkovich responded that he intended to follow the rules of the court vis-a-vis hearsay and prior acts of wrongdoing.
The state does not intend to “engage in prosecutorial misconduct,” Melinkovich said.
Mills’ testimony would use his specialized knowledge of wolves to help the jury make a determination about whether Roberts “maliciously allowed the undue suffering” of the wolf to continue, Melinkovich said. Mills will help determine whether the animal was suffering, Melinkovich said.