Wolf case becomes battle of which court
By ALLISON BATDORFF
Gazette Wyoming Bureau
CODY, Wyo. – A territorial dispute of sorts has arisen in the case of four tranquilized wolves, a U.S. Fish and Wildlife biologist and his assistant and criminal charges of trespassing and littering levied against the two.
An order of removal has already switched the venue in the case of the State of Wyoming v. Michael Jimenez, a U.S. Fish and Wildlife Service wolf manager, from Park County to U.S. District Court in Cheyenne. Federal employees are permitted to take state charges filed against them into a federal courtroom.
Wes Livingston, a Cody resident who helped Jimenez with wolf-collaring operations, is also entitled to this protection, said attorney Mike Messenger. Though Livingston was arraigned in Park County on Tuesday, Messenger indicated that he was waiting for a federal judge to ship Livingston’s case to Cheyenne and that the paperwork could arrive “any minute.”
But Park County Attorney Brian Skoric plans to challenge the order today.
“They have not shown a federal defense that could not be alleged in state court, and there are some procedural problems, too,” Skoric said. “But the bottom line is, this is the place the incident occurred, and this is the place where they should be tried.”
But in the current heated political climate, Park County might not be the easiest place to get a fair trail, Messenger said.
“It’s an opportunity to be in a less hostile environment,” Messenger said. “It’s not a negative comment about people in Park County, but it would be better to hold this in a forum that was less emotionally charged.”
The incident in question occurred Feb. 14 when Jimenez and Livingston were found on a Meeteetse ranch in the company of four wolves tranquilized during a collaring operation. The men say they did not realize they were on private property and that the research helicopter just dropped them off while the pilot went to refuel. A complaint filed by Larsen Ranch stockowner Randy Kruger says the men may have been “releasing wolves” on private property without permission.
Based on the Division of Criminal Investigation report, Skoric has since filed criminal trespassing and littering charges against Jimenez and Livingston. Each charge is punishable by a fine of not more than $750, imprisonment for not more than six months or both.
Livingston pleaded not guilty to the charges Tuesday, and Judge Bruce Waters set tentative dates for a pretrial hearing June 28 and a jury trial July 8. But Messenger is optimistic that the case will be heard in Cheyenne.
“In this situation, my client was under the control of Jimenez and falls under the same protection,” he said.