Cody Roberts takes plea deal
18 months probation. A $1,432.00 fine.
“We are utterly disgusted with Judge Lavery’s sentence,” said Fleur Dawes of In Defense of Animals, who called on supporters to file a formal complaint against judge Lavery, despite his April 18 retirement. This “deeply undermines public confidence in justice.”
At Cody Roberts' March 5th Hearing, Judge Lavery acknowledged his "judicial assistant received 5,000 emails and countless phone calls" from the public, including many "attempts to speak specifically to me."
But Wyoming's Code of Judicial Conduct prohibits judges from reading private communications about pending matters. As wolf lovers tuned in to the March 5th livestream, Lavery explained "It would be improper" to read emails or take phone calls and be influenced ex parte. “I need to make decisions based solely on evidence and things happening here in the courtroom."
What happened in that courtroom on March 5th was a reversal. Two years after capturing and dragging a muzzled wolf into a local bar, 44-year old Cody Roberts changed his plea to Guilty. He signed a plea deal after a series of pre-trial defeats-- arguments between the defense attorney and prosecutor about what law(s) apply and who can testify.
Roberts argued his felony charges should be dismissed since wolves are “predatory animals” and Wyoming’s law allows anything to be done to them. Denied.
Next Roberts tried to prevent Wyoming carnivore biologist, Ken Mills, from testifying as an expert witness. Denied.
Finally, Roberts tried to prevent the testimony of Dr. Viner, a veterinary pathologist who analyzed the wolf pelt. Judge Lavery ruled against Roberts a third time, deciding Dr. Viner would testify.
Jury selection from a pool of 100 Sublette County residents was expected to begin Feb. 12, 2026 with Roberts facing a March 9 trial date and possibly two years in jail.
Roberts pled.
He reversed his Not Guilty plea to Guilty on a single charge of felony animal cruelty. The plea deal reduced potential jail time to 18 months of probation (during which time defendant cannot hunt, fish, drink alcohol, enter bars or liquor stores) and a possible $5,000 dollar fine to $1,000.
Out-of-state wolf proponents are dissatisfied, but Sheena Patel of Wyoming Wildlife Advocates is circumspect: “In a state where many Shoot, Shovel and Shut Up, I’m upset the wolf suffered, but glad this case shed a light.”
What that light illuminated to an outraged World was “whacking” or “mashing,” i.e. running predators over with a snowmobile. Roberts allegedly “whacked” the wolf near Daniel, Wyoming (pop 108). But he isn’t singular: “whacking” has been a local recreation since the 1970s.
His Instagram profile picture is a coyote crushed in the snow.
Don Hall of Riverton, Wyoming (75 miles away) thinks running coyotes is fun and estimates there are ~100 ’yote whackin’ enthusiasts in Wyoming. Some, like SamOsa, film their chases and kills from helmet-mounted cameras to post them online. Others brag on message boards. At least one Sublette County entrepreneur markets caps and hoodies with a “chasin fur” logo. His Instagram profile picture is a stoic coyote, crushed in the snow.
Running over wolves, coyotes, red foxes, porcupines, raccoons, skunks even jackrabbits and stray cats with a vehicle is explicitly legal in 85% of Wyoming. These eight animals are deemed "predators" receive no protection, and can be killed on sight year round. No license. No limit.
That’s because “the livestock industry owns Wyoming,” said Kim Bean of Wolf & Wildlife Advocates.
But Roberts overstepped both law and rural sensibilities Feb. 29 2024, by dragging the wolf into Green River bar. As he drank and posed for the (now viral) photo, the juvenile wolf didn’t resist; he retreated behind a coat rack, tail tucked between his legs.
“That subdued behavior seems consistent with profound trauma and shock.” said Maggie Howell, frmr. Executive Director of New York’s Wolf Conservation Center. “After being struck, restrained, and overwhelmed, he was likely “shutdown” with intense fear and pain flooding his body and suppressing any ability to flee or resist.”
In April 2024, Humane World commissioned a poll asking 540 Wyoming voters if they “support changing the law so wolves would fall under full animal cruelty protection.” 57% Wyomingites said yes, 30% said no, and 13% weren’t sure.
Meanwhile, Wyoming Governor Gordon convened a Treatment of Predators Working Group-- ten legislators, state officials and stakeholders-- to respond to the incident. In the May 2024 meeting, key group member, Brian Nesvik, (whose Wyoming Game and Fish Dept. fined Roberts $250) set the tone: “There’s not an urgent crisis to make a change tomorrow. My advice would be to let the dust settle a little bit...”
Two years later, it’s still legal to run over predatory animals in 85% of Wyoming (although Brian Nesvik himself got promoted to head the U.S. Fish and Wildlife Service and now controls the fate of all American endangered species).
Cody Roberts’ own Representative, Mike Schmid, introduced several bills to make “whacking” illegal: HB0331 in 2025 and HB0153 in 2026. Both failed.
One opponent of the bill, Wyoming Rep. McKay Erickson, described how a constituent “relentlessly” hunted and killed the entire “Dog Creek Pack” south of Jackson with his snowmobile. “He would have never been able to even touch these animals without the use of the motorized vehicle, and that was on public land.” So Rep. Erickson refused to support Schmid’s bills to outlaw “whacking”.
An incremental 2025 change was Rep. Byron’s HB0275 which makes it explicitly illegal to torture wildlife after they’ve been run over. Prolonging a crushed animal’s torment is initially a misdemeanor, becoming a felony on subsequent offenses. Besides unlikely surveillance for enforcement, critics say the law de facto authorizes whacking.
Kristin Combs of Wyoming Wildlife Advocates disagrees: “Had HB 0275 already been Wyoming law, what happened in the Green River Bar would have clearly been illegal. This protects predators, animals that have almost no formal protections in Wyoming. It’s a big step forward.”
Animal Legal Defense Fund ranks Wyoming in 35th place for animal protection laws. But Combs sees an increased willingness to call out animal cruelty. She’s delighted. Her December newsletter highlights the deliberate killings of a wild horse, a pet dog, a female moose. But now, neighbors, roommates and one intrepid Wyoming Game and Fish employee filmed, intervened or investigated.
“Wyomingites reject animal cruelty. There is a cultural shift happening here that’s unprecedented.” Combs said.
What You Can Do
International readers:
Send a one-sentence Thank You email to Sublette County Prosecutor Clayton Melinkovich Clayton.Melinkovich@sublettecountywy.gov commending him for his courage in prosecuting a crime where everyone knows everyone and people are afraid to talk. Mention your own City, Country to remind Prosecutor Melinkovich the whole World is watching.
Same brief, grateful email to Rep. Mike Schmid who is determined to outlaw “whacking” in Wyoming-- despite strong agricultural opposition Mike.Schmid@wyoleg.gov
U.S. Readers:
Support the federal initiative that would make “whacking” illegal on federal land: the “Snowmobiles Aren’t Weapons Act” (H.B. 6864).Email your Congressional Rep to sign on as CoSponsor. (Find Your Representative here)
Call your Senator to oppose Boebert’s H.R.845-- a bill to delist wolves from the Endangered Species Act. The bill has already passed the House. Make sure your Senator knows you want him/her to oppose. A U.S. Capitol Switchboard operator can connect you directly with the Senate office (202) 224-3121; or, look up your Senator in this directory.
Follow Wyoming Wildlife Advocates and Wolf and Wildlife Advocates on social media.
Wyoming Readers:
Join the annual Drive through Daniel, WY with Hogs for Hope, a caravan of motorcycles and cars that drive through Daniel in memory of Hope, the wolf who was tortured and killed.
Please join Species Unite in calling on Congress to pass the Snowmobiles Aren’t Weapons Act to end this senseless cruelty once and for all!
Written by Tamara Bedić, Esq.
Tamara Bedić, Esq. is a New York attorney, championing women in the workplace. When she's not litigating, she is rescuing injured birds, chairing the Animal Rights Committee of the National Lawyers Guild or walking her special needs cat, ILLYA.
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