|
CODY ROBERTS ATTORNEY ASKS JUDGE TO DISMISS CASE
In one of the most widely covered wildlife cruelty cases in Wyoming history, Cody Roberts has filed a motion asking the court to dismiss the charge. His attorney argues that the prosecutor has “stretched the law” beyond what the statute plainly says and that existing Wyoming law exempts predator killing from cruelty charges, making the felony count legally invalid. The defense has asked Sweetwater County District Court Judge Richard Lavery to dismiss the case with prejudice, meaning the charge could not be brought again.
Robert Piper, Roberts' attorney stated in his argument, “Here the instant statutes could not be clearer and more precise. The Legislature first issued a broad prohibition against animal cruelty.”
He continued: “Then, likely realizing that such a broad prohibition would impact animal husbandry and agriculture throughout the state, the Legislature added a specific, clearly enumerated exception” for pests and predators.
Let's be clear, torture and torment of an animal is not animal husbandry nor an agricultural practice. If it is, we need to look further within ourselves as a state and decide what our values are and what we are allowing under the law.
This motion comes after Roberts’ not-guilty plea and a scheduled jury trial set for March 9, 2026. While the motion is pending, the case remains active and highlights how urgently Wyoming needs clearer, stronger laws that explicitly cover cruelty to wildlife, including vehicular killing and torture, instead of leaving prosecutors to fight over statutory interpretation.
Remember also that we sent a letter from a lawyer to the prosecutor when this first came to light stating that the animal abuse statute applies to all animals.
READ MORE HERE FROM COWBOY STATE DAILY
PROSECTOR SAYS ARGUMENT DOESN'T APPLY TO ROBERTS' CASE
The prosecutor asserted that the exception doesn’t cover Roberts’ alleged conduct; that the incident wasn’t an aberration of the wolf’s capture, but a separate crime.
“The State has not asserted a criminal charge against the Defendant for the alleged capture and alleged killing or destruction of the animal,” the response says."However, the Defendant stands charged with conduct that is otherwise prohibited by law.”
If the exception rendered a blanket license to all actions unfolding after an animal capture, argued Melinkovich, then it could legalize intentionally beating or starving captured predators, or torturing them in other ways.
There have been other motions filed to suppress evidence. A hearing has been set for January 28. We will keep you updated as details emerge.
READ MORE FROM COWBOY STATE DAILY HERE
|