Wyoming news briefs for March 24

Posted 3/24/22

News from across Wyoming.

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Wyoming news briefs for March 24

Posted

Former councilman pleads not guilty to child porn charges

GREYBULL — The Greybull man who was forced to resign from the town council after being arrested on multiple felony counts of receiving and distributing child pornography entered a not guilty plea Thursday in Big Horn County Fifth Judicial District Court in Basin.

David Bernard was arrested on Friday, Feb. 4. The original charging document listed 14 felony counts — seven alleging he “possessed with intent to deliver” child pornography files, seven alleging he “received and/or delivered" files. The offenses all allegedly occurred Oct. 2, 2021.

Each of the 14 counts is a felony punishable by imprisonment not less than five years nor more than 12 years, a fine of not more than $10,000, or both.

Since his arrest, prosecutors have added six additional felony counts, alleging that Bernard “possessed” child pornography on or about Feb. 10, 2022. 

During Thursday afternoon’s hearing, Judge Bobbi Overfield informed Bernard that if convicted of all charges and ordered to serve them consecutively, he could get up to 242 years in prison, up to $200,000 in fines, or both.

Travis Smith entered not guilty pleas to all 20 counts on behalf of his client, who appeared in person from the jail on the video conference call.

While there was no objection to bond remaining at $400,000 cash, the judge granted Smith’s request for an easing of bond conditions to permit the delivery to Bernard of a drawing that had been created by his child and delivered to the jail by his ex-wife and the child’s mother.

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Cody man charged with arson

CODY — A Cody man is accused of trying to light a bed on fire at the Super 8 Motel in Powell earlier this month. It was the second time in three months he had been arrested for allegedly committing criminal activities at a hotel.

Randy Matthews, 32, is facing charges for first degree arson, attempting to cause bodily injury to a peace officer and probation revocation.

Powell Police officers responded to the motel on March 8 after a mental health evaluation had been requested by Matthews’ parents, after the defendant shared photos of a burned bed with wet sheets and a coffee pot with water sitting on top of the scorched area.

When authorities arrived at his room, officers heard Matthews talking to himself in an incoherent manner. They also found other burn marks around the room. A motel employee said Matthews had also broken a beer bottle in a common area and had thrown a lit cigarette on a carpeted floor.

Matthews was already on supervised probation for felony possession of marijuana at the time of this incident. Police officers took him to Powell Valley Healthcare so he could be medically cleared for jail. 

According to documents submitted to the circuit court, Matthews suffers from both bipolar disorder and schizophrenia.

He has three prior felonies on his record. He was found guilty in Park County for possession of marijuana in 2020, as well as other controlled substances charges in Converse and Natrona counties.

Matthews is currently in custody at the Park County Detention Center with a $100,000 cash only bond.

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Woman imprisoned for driving under the influence with infant in car

POWELL — A Powell woman is heading to prison after driving under the influence of narcotics with her infant in the backseat. 

Mallory E. Smith recently accepted a three- to five-year prison sentence as part of an agreement with the Park County Attorney’s Office. 

In exchange for having three other charges dismissed, Smith pleaded guilty to felony counts of endangering a child and possessing a controlled substance for a third or subsequent time. 

Court records say Smith drove off the side of Lane 11 on the afternoon of Oct. 26, not far from her residence southwest of Powell. Passersby stopped to see if the 35-year-old was OK and called authorities after being concerned about her welfare. 

Smith would later tell Park County Sheriff’s Deputy Ryan Lawler that she’d smoked fentanyl with a woman in Lovell earlier in the day before heading for home. 

Smith’s 5-month-old child was in the backseat and was taken home by her boyfriend. The deputy later found two small baggies on the front seat that appeared to contain small amounts of meth, black tar heroin and fentanyl. Another two dozen tablets of what looked like fentanyl were found in Smith’s purse, charging documents say. It amounted to 14.6 grams of apparent fentanyl, 1.2 grams of meth and 0.8 grams of suspected heroin, according to Lawler. 

According to Smith’s account, she’d been pulled over in Big Horn County earlier that afternoon and checked out by an ambulance crew before continuing on her way, eventually waking up off the road near her house. 

As of Wednesday, Smith remained at the Park County Detention Center, awaiting transport to the Wyoming Women’s Center in Lusk.

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Cody man receives 12-15 in prison for breaking probation following sexual assault 

CODY — A former Cody man will receive 12-15 years in prison for breaking the probation he was granted after being found guilty of third degree sexual assault of a minor. Michael Walker, 24, was sentenced to prison by District Court Judge Bill Simpson on March 9.

“Mr. Walker cannot be trusted to comply with terms of probation,” Park County Deputy Prosecuting Attorney Jack Hatfield said. “The one silver lining is, thank God we do not have another child victim here. What it comes down to is very simple – is this court willing to take the chance that Mr. Walker continues in his disregard for the law and orders of this court and risks the safety of another child? The State is not willing to recommend that.”

Walker was originally sentenced to 15 years supervised probation in June 2020 with a 12-15-year suspended prison sentence. He was charged in September 2018 after he was found in bed naked with a 8-9-year-old minor.

Hatfield criticized the original plea arrangement, which had been agreed to by former Park County Prosecuting Attorney Leda Pojman, that negated any immediate jail time for Walker. Despite Pojman’s no longer being with the county by the time Walker was sentenced, Wyoming law at that time required the State to uphold its original agreement with Walker.

“That plea was woefully inadequate,” Hatfield said. “The only reason we went with it is we were following our obligations. Unfortunately, the State was proven correct in this regard.”

Upon his release, Walker went to a homeless shelter in Casper. It was there he was found in violation of his probation in April 2021.