PINEDALE — Orion Schlesinger, 18, one of two defendants charged in the early February first-degree murder of Big Piney resident Dakota Farley, 23, pleaded not guilty by reason of mental illness (NGMI) at his arraignment before Judge Kate McKay in the 9th Judicial District Court on March 20. Schlesinger is charged with conspiracy to commit first-degree murder and felony theft of a firearm for his alleged role in Farley’s death. A trial date was set for July 21. The court also ordered Schlesinger to undergo a psychological evaluation between now and then. A pretrial conference was scheduled for June 12.

Schlesinger’s self-proclaimed “foster brother” Rowan Littauer, 19, was also scheduled for arraignment in Sublette County District Court on March 20, but his public defender Elisabeth Trefonas had a scheduling conflict that forced a postponement until April 7. Trefonas previously said at Littauer’s March 11 probable cause hearing that she anticipates her client will plead not guilty to the charges of first-degree murder and mutilation of a dead human body by reason of mental illness.

Life lessons

An audience of a half dozen teenage girls sat in the wooden pews behind Schlesinger on Thursday afternoon — part of a high school government class learning about the judicial branch.

Also in attendance was E.K., the juvenile mother of Schlesinger’s son with whom he was living at the time of Farley’s murder and to whom he allegedly confessed his murderous intention and, later, his crimes. Wearing a tank top and blue jeans and clutching a coat, a postpartum E.K. sat in stark contrast to Ray Farley, the father of the victim, and Sublette County Sheriff’s Detective Sgt. Travis Lanning, the lead investigator in the case, both of whom wore dress shirts with slacks and sat on the opposite side of the courtroom behind Sublette County prosecutor Clayton Melinkovich.

Before any of them entered the courtroom, Schlesinger was led in through a door by two deputies. His wrists were shackled to the chains wrapped around his waist. As soon as he was seated, Schlesinger began to breathe heavily, sniffle and tremble. His lips quivered as he faced the judge’s empty chair and seemingly tried to control his breathing. One of the deputies escorting him offered some reassurance that, “This is just your first appearance. No decision (about your fate) will be made today.”

Schlesinger responded quietly, “I know … I just have really bad anxiety … and I have to hear…”
The deputy interjected and urged Schlesinger to “show decorum” in the district courtroom.
The young man who became a father while being held on a $5 million cash-only bond for the alleged murder of his friend took a few deep breaths, blew his nose, and collected himself just as his public defender Rachel Weksler arrived.

NGMI

After being sworn in, Schlesinger told the judge that he is currently prescribed medications but not anything that would cloud his thinking in the day’s testimony.

As Judge McKay read through Schlesinger’s rights, E.K. held her hand over her heart. When the time came for Schlesinger to enter his pleas to the felony charges, E.K. grasped the hand of her support person seated next to her and her cheeks flushed bright red.

“I’m ready, your honor,” Schlesinger said after a brief consultation with Weksler. He then entered two NGMI pleas.

Next, Schlesinger will undergo a psychological examination by a designated examiner at the Wyoming Behavioral Institute in Casper. A written report of the findings will be filed with the court, including an opinion as to whether Schlesinger has a mental illness or deficiency and its probable duration. The report will also include an opinion as to whether Schlesinger, as a result of mental illness or deficiency, lacks the capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense rationally, and to cooperate with his counsel.

Additionally, the examiner will render an opinion as to whether Schlesinger should be considered fit to proceed and whether he should be held in a designated facility for treatment. Under Wyoming law, the burden to prove that Schlesinger is fit to proceed “shall be on the proponent of the assertion”

If the court finds that Schlesinger is fit, the trial against him will move forward. If the court determines Schlesinger is not fit to proceed but a substantial probability exists that he may become so in the foreseeable future, the court may order Schlesinger to remain committed to the custody of a designated facility for treatment intended to restore him to competency to proceed with the trial.

Wyoming statute provides that a person is not responsible for criminal conduct if at the time of the crime, as a result of mental illness or deficiency that “grossly and demonstrably impair a person’s perception or understanding of reality,” they lacked substantial capacity either to appreciate the wrongfulness of their conduct or to confirm their conduct to the requirements of law.

Death penalty considerations

Melinkovich then addressed the court about whether the state would seek the death penalty in the capital murder case against Schlesinger. The prosecutor explained that as a minister of justice, he must consider certain factors in determining whether to pursue the execution of Schlesinger. He spoke about the great cost of taxpayer dollars necessary to fund such an undertaking. Melinkovich also pointed out that the public defender’s office is short-staffed and the hours required to represent Schlesinger in a death penalty case would strip valuable resources away from other indigent defendants charged with crimes in Wyoming. The Wyoming Office of the State Public Defender employs roughly only 55 attorneys and two dozen legal assistants.
“For these reasons,” Melinkovich said, “the state will not be seeking the death penalty.”

At the prosecutor’s words, E.K. opened her mouth and heaved a sigh of relief. Schlesinger also appeared relieved, although he continued to quiver.

If convicted of conspiracy to commit first-degree murder and sentenced to the maximum penalty, the teenager will spend the rest of his life in prison without the possibility of parole.

If convicted of theft of a firearm, Schlesinger could be sentenced to an additional 10 years in prison, plus a fine of up to $10,0000.

A different case

On March 26, Littauer was sentenced by Sublette County Circuit Court Judge John LaBuda for the misdemeanor crime of failing to report damages.
On February 13, Littauer pleaded guilty to striking a chainlink fence after losing control of the red 2014 Dodge Journey he was driving on the icy street on January 31. He then fled the scene and when confronted later that day by SCSO Nate Mastin, Littauer said he didn’t report the crash because he was, “nervous about the repercussions.”

Sublette County School District No. 9, the district in which Littauer was enrolled as a student at the time of the murder and the crash, did not seek restitution for the damaged fence.

On Wednesday, Judge LaBuda sentenced Littauer to pay the court a total of $250 in fines and fees within 90 days.

Littauer and Schlesinger remain in custody at the Sublette County Detention Center, each on a $5 million cash-only bond. They are presumed innocent until proven guilty in a court of law.