CIVIL ACTIONS

RMCC Inc. and IEC Real Estate Holdings v. Park County Commissioners.; The plaintiffs have filed for a declaratory judgement on the case, claiming the defense and not responded to claims. The defendants have opposed this entry of default and are asking the court to reject it. In February 2020, the plaintiff opened a second separate case alleging they were not formally notified by the commissioners of a zoning change. The plaintiff is claiming the zoning change disrupted the investment-backed expectations of RMCC and IEC, and is accusing the county of failure to follow development standards and regulations, statutory and regulatory procedure, violating Wyoming law for continuation of existing uses, and faulty resolutions in its decision. Because of such, the plaintiff is demanding a reclassification of the zoning. The commissioners made motions to dismiss both cases, which was denied for the second case. RMCC and IEC are petitioning the court that the commissioners did not adequately inform them of a zoning change to their Powell property in April 2019.

CRIMINAL ACTIONS

State v. Bryan Nihei; The defense has submitted a motion to disclose exculpatory evidence. Nihei is facing charges for burglary to commit theft, a charge carrying up to 10 years in prison and $10,000 in fines. He is accused of being responsible for a string of car burglaries in Cody including a Feb. 1 in which he was detained by citizen’s arrest.

State v. Kenneth Stone; Attorneys Lindsey Crandall and Timothy Blatt have withdrawn from the case, leaving only Nick Beduhn now representing Stone. Stone has been charged with aggravated assault and battery with a deadly weapon while driving under the influence of alcohol and causing bodily injury. Due to it being his third felony charge, the state is pushing for a life sentence imprisonment. Stone is accused of drifting into the westbound lane on U.S. 14-16-20 near the East Entrance to Yellowstone National Park on the morning of Oct. 6 and colliding with a vehicle traveling west around a left-hand corner. He is accused of being impaired by medication and alcohol while driving.

State v. Zachary Robinson; Robinson was sentenced to 3 years supervised probation and a 2-4 year suspended prison sentence after found guilty for his second probation revocation. He admitted to absconding from his probation for more than two weeks last April. Robinson also admitted to breaking his probation twice in November 2019, testing positive for meth and attempted to falsify a drug test. Robinson is now sentenced to 3 years supervised probation and a 2-4 year suspended prison sentence with credit for 77 days served. In October 2017, he was found guilty for possession of meth, his third or subsequent offense. From that crime he was sentenced to 4 years supervised probation and a 2-4 year suspended prison sentence. In May 2017, Robinson was found under the influence of meth and in possession of 1.5 grams of meth during a Powell traffic stop.

State v. Adam Bigham; Bigham was sentenced to 3-5 years in prison with credit for 75 days served for breaking his probation in November. Bigham admitted to stealing a GPS unit and a projector during a Walmart visit. In September, Bigham pleaded guilty to delivery of marijuana. He was sentenced to 3 years supervised probation and $505 in court fees. Bigham was also assessed a 3-5 year suspended prison sentence with credit for 15 days served. Bigham sold 0.25 ounces of marijuana to a confidential informant in October 2019 in Powell.

State v. Christian Klein; Klein’s bond was adjusted to $15,000 cash only and is still in custody. He is accused of breaking his bond conditions on Feb. 9, illegally entering Walmart and testing positive for alcohol and marijuana that day. Klein is charged with the underlying offenses of property destruction valued at $1,000 or more, interference with a peace officer, felonies carrying up to 20 years in prison and $20,000 in fines. He is also facing a misdemeanor for driving under the influence of alcohol, a charge carrying up to 6 months in prison and $750 in fines. Klein is accused of driving into his ex-girlfriend’s car on purpose while intoxicated.

State v. Jason Croft; Croft is scheduled for a May 13 pretrial conference and June 16 jury trial. He is facing charges for theft of property valued $1,000 or more, a felony carrying up to 10 years in prison and $10,000. He is also facing a misdemeanor for illegally entering a vehicle, a charge carrying up to 6 months in prison and $750. Croft is accused of stealing a truck from a Powell residence in January and breaking into another vehicle that night.

State v. Philip Mickelson; Mickelson is charged with fraud by check for $1,000 or more and forgery, charges carrying a combined 20 years in prison and $20,000 in fines. He is accused of writing seven fraudulent checks totaling $4,750.22 at Bomgaars and Ace Hardware in Cody, and making unapproved charges from his mother and grandmother’s bank accounts from November-January.

State v. Robert Underwood; Underwood’s pretrial conference was delayed to May 13 and jury trial to June 16. He is facing a felony charge for accessory to illegal harvesting of game, a charge carrying up to 2 years in prison and $5,000-$10,000 in fines. He is also facing misdemeanors for failing to attach coupons to a harvested carcass and accessory before or after the fact, charges carrying up to 1 year in prison and $2,000 in fines. The charges are related to an October 2012 incident involving a bighorn sheep hunt in Park County.

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