Wyoming News Briefs

Arch coal production stays down in PRB

GILLETTE (WNE) — The amount of thermal coal shipped from Arch Energy Resources, the bulk of which comes from its Powder River Basin mines, dipped further as the industry’s slow start continued through the first half of the year.

The roughly 9.7 million tons mined from Black Thunder marked the lowest production number at the mine this millennium, and its first time notching fewer than 10 million tons in a quarter, according to Mine Safety and Health Administration data.

After shipping 12.8 million tons — primarily from Black Thunder — during the first three months of the year, Arch sold 11.1 million tons in the following three months, marking a decline of more than 5 million tons when comparing April through June’s production to the same months last year, according to an Arch earnings report.

About 1 million tons of its quarterly total came from its West Elk Mine in Colorado, according to MSHA data.

The coal Arch did sell went for a negative margin, costing slightly more to produce than it was sold for. Arch officials credit the decreased demand for thermal coal to a combination of lower natural gas prices and utilities making it through winter with relatively full stockpiles of coal.

The continued downturn was expected by company officials who, after the disappointing start to the year, anticipated a strong back half of the year. Part of the unfavorable cost associated with coal sales to start the year came from the mines stripping more than they sold. That means upfront work was put into stripping and sitting on coal, minimizing the cost and labor that will go into selling it in the coming months.

Arch officials said during the earnings call that they also expect cost savings due to “reducing the headcount aggressively,” through attrition and furloughs, particularly at Black Thunder.

Poacher convicted for illegal elk hunting in Wyoming

CODY (WNE) — In a significant victory against wildlife poaching, Kevin Ackerlund from Cody, Wyoming, was convicted on July 17 for illegally hunting and killing two bull elk in Park County, Wyoming.

Ackerlund, 45, was found guilty of multiple offenses related to illegal elk hunting.

The case came to light on November 25, 2023, when Andy Johnson from Trail Creek Ranch reported suspicious hunting activities to G&F Warden Travis Crane. Ackerlund had been hunting in elk area 54 but was found to have killed a bull elk in the neighboring area 53 without the proper license.

The G&F investigation revealed that Ackerlund had shot a bull elk on November 18, 2023, in the Pat O’Hara Basin (elk area 54) and left it due to its poor condition. He then killed another bull elk on November 24, 2023, in elk area 53. Professional guides Jordan Martoglio and Jake Skeen confirmed the illegal activities, leading to a detailed investigation by Warden Crane.

Crane’s investigation included reviewing Ackerlund’s vehicle records and his cell phone.

A search warrant executed on December 5, 2023, at Ackerlund’s residence uncovered the elk’s head, antlers, a rifle, an elk cape, and blood swabs from his pickup truck. Forensic analysis confirmed the elk samples matched those found at the crime scenes.

Coded text messages regarding the kills, along with photographs of dead bull elk, were crucial in establishing Ackerlund’s illegal activities. The photos, which had been deleted but recovered from the phone’s trash folder, depicted the elk he had killed.

Ackerlund was charged with three misdemeanors: entering private property without permission, wanton destruction of a big game animal and taking a bull elk without a license. He was sentenced to pay $6,220 in fines and restitution. Additionally, his hunting privileges were suspended for three years.

Worker jailed, kicked out of Yellowstone for ‘mass shooting’ comments

POWELL (WNE) — A 55-year-old worker has been barred from Yellowstone National Park for making threatening comments about a mass shooting, doing so in the immediate aftermath of an actual shooting in the park.

Robert J. Sherman pleaded guilty during a July 23 appearance in U.S. District Court to two misdemeanor counts of disorderly conduct.

He received credit for the 14 days he’d already spent in jail and was placed on five years of unsupervised probation, with conditions that he stay out of Yellowstone.

Charging documents say that on July 5 — the day after a park worker attempted to shoot people inside the employee dining room at Canyon Village — Sherman caused a scene inside the employee dining room in the Roosevelt area.

After being confronted about taking food from the wrong spot, Sherman reportedly became upset, threw his tray and said, “Maybe we should have a shooting down here as well,” according to law enforcement accounts.

Federal prosecutors say Sherman made several more threatening comments on July 7, “along the lines that he would be ‘killing people around here.’”

Park rangers learned of Sherman’s statements on the morning of July 8 and immediately responded to the Roosevelt Lodge area. The area around Sherman’s cabin was evacuated, and armed rangers ordered his roommates to get out as they detained him, charging documents say. Sherman, who had been working for park concessionaire Xanterra Parks and Resorts, was ultimately taken into custody.

In an affidavit filed in support of his arrest, responding Park Ranger Lili Flowers noted that Sherman’s remarks about a shooting came just 24 hours after another Xanterra employee opened fire at the Canyon area.

The July 4 incident resulted in the death of the shooter, 28-year-old Samson Lucas Bariah Fussner, and a serious injury to a ranger.

Unlike Fussner, who was armed with multiple weapons, a search of Sherman’s cabin and vehicle turned up nothing of note.

Sherman reportedly told rangers that “if anything I lost my cool.”

1500 acres burn Sunday in Campbell County capping hectic weekend

GILLETTE (WNE) — More than 1500 acres of land burned Sunday during a series of fires in Campbell County, capping a weekend in which firefighters took almost 60 calls, including one caused by a plane crash Friday and another that destroyed multiple homes Saturday.

Campbell County firefighters responded to about 16 calls regarding fires across the county Sunday. All of the fires have been contained as of Monday, and were determined to have been caused by a severe storm Sunday evening, either directly from lightning or strong wind knocking over power lines and fueling smaller fires.

All of these fires are in the wake of a hectic weekend for the fire department, after a plane crash killed seven and burned 38 acres of land on Friday and a large grass fire destroyed multiple homes and vehicles on Saturday.

The fire department responded to almost 60 calls over the weekend, considered “well above average,” according to a Campbell County Fire Department Facebook post.

Given the number and scale of fires, firefighters were spread thin containing the fires.

“When there’s multiple fires dispatched, we try to send the appropriate amount of resources for that incident,” said Fire Marshal Stewart Burnham. “As more calls come in from other fires, we either draw the necessary firefighters from the county or from other incidents based on size. We try to use all of the resources we have throughout the county, then redirect firefighters as needed.”

These resources, though stretched thin, contained the fires throughout the night.

No one was reported hurt from the fires on Sunday.

Clearwater fire grows, leading to road closure

POWELL (WNE) — The Clearwater Fire west of Wapiti continued to grow late last week, leading to a shut down of Elk Fork Trail and Elk Fork Road east of the fire due to expansion toward the Elk Fork drainage.

According to the fire incident command, the fire was 138 acres as of Monday morning and 96 personnel are now engaged in combating the fire or providing support.

No growth in the fire was reported Sunday, but near critical fire weather with a red flag warning, low humidity and gusty winds are forecasted early this week.

The Clearwater Fire started on July 19 in the early afternoon due to lightning, Shoshone National Forest spokesman Evan Guzik had previously reported.

It is located on a ridge line between the Elk Fork and June Creek drainages, approximately 1 mile south of Clearwater Campground.

Over the weekend personnel focused on reducing fuels near lodges and summer homes in the Shoshone National Forest.

On Sunday, crews were finishing installing structure protection sprinkler systems in the Pagoda Creek summer home group and beginning fuels reduction around the structures at the Bill Cody Ranch.

Reduction of fuels and installation of sprinkler systems has been completed at the UXU Ranch.

Monday morning the incident team announced a Type 1 helicopter will use water drops to support containment in the Elk Fork. Additionally, crews are constructing defenses in timber in Elk Fork drainage to prevent further spread to the east.

Personnel have been engaged to identify recommended evacuations if needed and suppression actions to take near structures if needed.

Gordon reappoints Potter as public records ombudsman

CHEYENNE (WNE) — Gov. Mark Gordon has announced the re-appointment of Darlena Potter to replace Charlotte Martinez as Wyoming’s public records ombudsman.

Potter previously served as Wyoming’s public records ombudsman from 2021-23. She also served as constituent services special assistant in the governor’s office, and has worked for state agencies including the Department of Workforce Services and the Wyoming Department of Education. She holds a bachelor’s degree in administration of justice from the University of Wyoming and a master’s degree in public administration from Grand Canyon University.

The ombudsman position was created with the passage of Senate File 57 in 2019. The public records ombudsman serves as a resource for the public to resolve issues regarding public records requests submitted to state and local government agencies. The position provides aid to state and local governments to understand their obligations in response to such requests. The ombudsman is also charged with mediating disputes relating to the timeliness of a records production, an agency’s claim of privilege or confidentiality, and fees.

For additional information on Wyoming’s public records ombudsman, visit governor. wyo.gov/contact/public-records-ombudsman.

University of Wyoming creates, hires two new administrative positions

CASPER (WNE) — The University of Wyoming has created two new positions to advance innovation and research.

Arundeep Pradhan, who previously held the interim director position for the college’s Technology Transfer Office, will be the new deputy vice president for research and innovation and Jay Gatlin will be the director of the university’s Science Institute, according to press releases.

Pradhan and Gatlin are both moving from other positions within the university to fill their new positions.

While at the Technology Transfer Office, Pradhan prioritized creating a strategy that was “customer-driven” for commercializing and research outcomes. He will continue this work in his new role through work with the Research and Economic Development Division.

Pradhan will work alongside Parag Chitnis, the vice president for research and economic development. Together they will manage the 20 units within the Research and Economic Development Division.

Gatlin will lead a new university-wide institute that focuses on research and science education. Within the institute, there are several centers with specific focuses on the state and the university. Before this role, Gatlin was a professor at the university in molecular biology.

“The potential of the Science Institute to positively impact people here at UW and, more broadly, across the state is truly exciting, and I am humbled by the opportunity to join a fantastic team dedicated to realizing the educational, outreach and research missions of the institute,” Gatlin says.

The Science Institute is also under the college’s Research and Economic Development Division.

Birdwell arraignment set for August 5

ROCK SPRINGS (WNE) — An arraignment date has been set for a Rock Springs man charged with felony kidnapping and aggravated assault and battery.

Cody Birdwell Jr., 49, will appear before Sweetwater County Third District Court Judge Richard Lavery on Aug. 5 at 2:30 p.m. He has been appointed a public defender and remains in custody on a $150,000 cash or surety bond.

According to the case affidavit, Birdwell was served with a temporary domestic violence protection order earlier in the day on July 8, but he was allowed to shower and collect his belongings before leaving the residence he shared with his wife, Amber Birdwell. The two have three minor children.

Upon returning to the residence around 8 p.m. to collect some possessions for herself and her children, Amber found Cody in the apartment. She told police that in the course of collecting items, Cody pointed a gun at her face. She also claimed her husband locked the front door and told her to call 911 so that police could collect their children, who were locked in Amber’s car in the apartment parking lot, “because she was not leaving alive and neither was he.”

According to the affidavit, the two struggled for possession of the gun, at which point Cody allegedly hit his wife in the head two times.

At about 9:30 p.m., police were able to negotiate with Cody to allow Amber to leave the apartment. She was then transported to the hospital for treatment. Cody exited the building and was placed into custody without incident.

The kidnapping charge carries a possible prison sentence of 20 years to life, while the possible sentence for the assault and battery charge is up to ten years.

Suspect in back-to-back bank robberies in custody

CHEYENNE (WNE) — A local man was arrested Thursday afternoon in east Cheyenne, accused of back-to- back local bank robberies and assaulting a police officer.

Around 3 p.m., the Cheyenne Police Department received a report of a robbery at Jonah Bank of Wyoming at 205 Storey Blvd. The suspect was identified as 34-year-old Cheyenne resident Eric Smith. Smith entered the bank, then proceeded to threaten employees and demand cash, according to witness statements. He reportedly fled the bank on foot.

While officers responded to the initial scene, dispatch relayed a report of a stolen vehicle in the 300 block of Arbor Lane. This was quickly followed by a second reported robbery at 3:40 p.m. at Western Vista Federal Credit Union, 3207 Sparks Road, according to a CPD press release.

Following the second robbery, CPD posted on Facebook that “officers are advising all financial institutions to close their doors and report any suspicious activity.”

Smith had used the stolen vehicle to drive to the second bank, following the same pattern of entering the financial institution, threatening workers and demanding cash.

While officers were still searching both robbery sites, a man matching Smith’s description was reported for attempting to burglarize a woman at a residence near the 2200 block of Meadow Drive at 3:57 p.m., according to the press release.

Smith fled the residence on Meadow Drive, taking off toward Taft Avenue, where officers spotted him walking. Smith ignored commands to stop, instead throwing a hammer, which struck a police officer, CPD said in the release.

Smith was ultimately apprehended by a K9 and transported to Cheyenne Regional Medical Center, then Laramie County jail, according to the press release.

He was booked on three counts of aggravated robbery, motor vehicle theft and aggravated assault of a police officer.

Game and Fish Department requesting help monitoring West Nile virus

SHERIDAN (WNE) — To monitor West Nile virus in the state, the Wyoming Game and Fish Department is requesting that residents report any dead sage grouse to the department.

There are currently no signs of an outbreak, and this is an annual request.

Testing dead birds helps Game and Fish monitor the disease’s scope and impact. Evidence of the disease has been reported in past years in northeast Wyoming and surrounding states.

Sage grouse has a low resistance to the disease, which is spread by mosquitoes and is usually fatal to the birds.

Nyssa Whitford, Game and Fish sage grouse/sagebrush biologist, said the summer’s drier conditions are less favorable for mosquitoes, and despite the region not having an outbreak of West Nile virus in sage grouse since 2003, monitoring is still important.

The Game and Fish Department is especially interested in sage grouse found in remote areas with no other obvious causes of death. These birds may be near water holes or hay fields on private lands. Obvious roadkills do not need to be reported.

For people who want to collect found carcasses, the chance of getting West Nile virus from handling a carcass is limited, though individuals are advised to pick them up with an inverted plastic sack or gloves.

The bagged carcass should then be placed into another plastic bag, preferably a trash bag, tied and taken to a Game and Fish Regional Office. If the carcass can’t be quickly delivered to a regional office, it should be placed in a freezer. The locations of Game and Fish Regional Officers are available by seeing wgfd.wyo.gov/regional-offices.

Saratoga man sentenced in Sturgis shooting

SARATOGA (WNE) — Nearly a year after a shoot-out with law enforcement at the Sturgis Motorcycle Rally, the Saratoga man involved has been sentenced to 55 years in prison.

Wyatt James Fluty, 29, was sentenced by Judge John Fitzgerald in Meade County Court on July 17. As part of a plea bargain, Fluty pleaded guilty to attempted first degree murder involving a law enforcement officer and commission of a felony while armed with a firearm.

The incident — which involved Fluty, a South Dakota highway patrol trooper and an off-duty out-of-state law enforcement officer — occurred on August 9, 2023.

Fluty, who was suspected of vehicle theft and possessing stolen firearms, was spotted by a South Dakota highway patrol trooper near Exit 32 in Sturgis. He fired at the trooper, who returned fire, and then tried to steal the patrol vehicle.

A total of 42 shell casings were recovered from the scene by the South Dakota Department of Criminal Investigation, with three determined to have come from Fluty, 32 from the highway patrol trooper and seven from the off-duty out-of-state law enforcement officer.

Fluty was apprehended after being shot.

The judge said he was troubled by Fluty’s past and his actions had created a ripple effect on those he hurt; he ultimately handed down a sentence of 50 years for the attempted murder charge and 5 years for the felony charge, with the two sentences running consecutively.

Yellowstone fire danger rises to 'very high'

JACKSON (WNE) — Fire danger in Yellowstone National Park has risen to “very high” with stricter restrictions on campfires going into effect Saturday. The designation is exceeded only by an “extreme” fire danger rating.

Fireworks are not allowed in the park, and many waterways also have closed to fishing due to high water temperatures and historically low flows.

Wildfire activity is increasing, according to a Yellowstone news release, citing four lightning-caused fires that firefighters have responded to in the last week. Three of the four fires were 1/10th of an acre, while one grew to a half-acre. All are noted as “controlled,” on the park’s website. “Stage 1” fire restrictions which apply to campfires and smoking, will go into effect Saturday.

“Now is the time for visitors to be vigilant about fire safety,” Yellowstone warned in the Thursday update. “Negligently starting a wild land fire may result in fines and/or imprisonment.”

The fire restrictions include a prohibition on charcoal and all campfires in the backcountry, including those using established fire rings.

Smoking is allowed only in areas adjacent to the provided fire ring in designated campsites or within a 3-foot-diameter area barren of all flammable material. Smokers should ensure that all cigarette butts are extinguished properly.

Portable gas stoves and lanterns also are permitted in areas that are “barren or cleared of all overhead and surrounding flammable materials within 3 feet.”

Campfires are allowed at day-use picnic areas and developed campgrounds such as Madison, Mammoth, Slough Creek, Canyon, Indian Creek, Lewis Lake, Grant Village and Bridge Bay.

However, fires must be attended and cold to the touch before campers depart their campsites: Soak, stir, feel, repeat.