Trial set for Daniel man accused of gray wolf torture and torment
Under Wyoming Game and Fish Department (WGFD) regulations and state law, capturing and killing a gray wolf in its predator zone – outside of the protected Trophy Game Management Area (TGMA) around Yellowstone National Park – is allowed without a National Park hunting license.
The only requirements are to report the kill within 10 days to a WGFD warden or supervisor and to follow all relevant hunting regulations.
Through 2024, citizens reported killing 29 wolves in the predator zone, according to the WGFD’s annual gray wolf report. At the end of 2024, about 47 wolves remained in the predator area.
But only one wolf incident – taking place on Feb. 29, 2024 in Daniel – became so notorious people around the world began to rain hate on the hunter, his family, Sublette County and Wyoming.
The single incident led to almost two years of incredible public pressure on Sublette County law enforcement and the Sublette County Attorney’s Office to charge Cody Roberts of Daniel with animal cruelty.
But, then-existing animal cruelty law, Wyoming Statute 6-3-1008, did not apply to the “hunting, capturing, killing or destruction” of predator animals or to Roberts’ alleged actions.
Legislative intent
The Wyoming Legislature began amending the law to prohibit malicious or willful animal abuse or failure to provide humane treatment of wildlife.
Taking effect in 2025, the revised Wyoming Statute Ann. 6-3-1005 protects “the otherwise lawful actions of individuals as they relate to animals.”
This protects an animal’s humane destruction, rodeos and “industry accepted agricultural and livestock practices on livestock.” It also protects ordinary fishing, trapping and hunting activities managed by the state.
Going to trial
In August 2025, with the new law in effect, Sublette County Attorney Clayton Melinkovich convened an anonymous grand jury in Pinedale to hear testimony and review evidence about Roberts’ actions
On Aug. 20, 2025, the grand jury’s majority called for Roberts’ indictment, alleging a new felony charge of “torture and torment” of the male gray wolf he took into the Daniel bar on Feb. 29, 2024.
Roberts pleaded not guilty before presiding Third District Judge Richard Lavery, whose home courtroom is in Green River.
The judge ordered video conference hearings leading up to Roberts’ March 9 trial. None of the parties have appeared in person. Pinedale’s Ninth District Courtroom was opened for the public to observe the livestreamed hearings.
Motion to dismiss
Defense Attorney Robert Piper, who represents Roberts, filed a motion asking Lavery to dismiss the case.
He described Roberts’ 2025 felony charge as “ex post facto” – after the fact – saying the statute in place in February 2024 granted Roberts “blanket immunity” from prosecution.
“We need not collectively endorse Roberts’ actions,” Piper said, but his conduct did not justify the allegation of “torture and torment.”
“You’re saying there is a blanket license for predatory animals?” the judge asked.
Melinkovich countered the Wyoming Legislature’s amended statute was to clarify its original intent to address animal abuse or cruelty.
Roberts is not being prosecuted because he captured or killed the predator wolf but for alleged “willful infliction of pain and suffering,” causing torment or torture to an animal when a reasonable action could relieve it, he said.
“This prosecution is for the specific part of the law,” he stated.
Not “immune”
Lavery hinted Roberts’ five-day trial would proceed March 9-13 in the Sublette County District Courtroom, filing his decision in writing on Feb. 3 after hearing pretrial motions.
Lavery was not convinced Roberts should be immune from prosecution due to previous lack of animal abuse protections for predators.
“I tend to think the defendant’s broad definition of broad exception for immunity goes too far,” he said. “It’s a bridge too far to say the state can’t pursue it.”
Jury pool of 100
Lavery asked if 90 to 100 potential jurors should appear on Feb. 12. The selection process will occur at the Sublette County Library in Pinedale and is open to the public.
“Toward 100 is probably better,” Piper said.
Melinkovich said he was cautiously optimistic a larger pool would be sufficient. Both were very concerned about finding unbiased jurors for Roberts’ trial.
“We don’t want to have to take people off of the streets, so to speak,” the judge said.
The two attorneys crafted a “surgical” questionnaire to “weed out” biases to ultimately seat 12 jurors and one alternate.
Background
Roberts had captured the adult male wolf in the state’s predator zone and took it to the Green River Bar in Daniel, where friends and customers recorded the barely moving animal brought into the bar with a leash attached to a thick “training collar.” Its muzzle was visibly duct-taped shut.
Even predator hunters must follow WGFD hunting regulations on state or public land.
Wyoming predators include coyotes, red foxes, jackrabbits, raccoons, porcupines, stray cats and “any gray wolf in the state except in the TGMA.”
Roberts was cited after by an investigating game warden for illegal possession of live wildlife. He paid the $250 fine.
On March 4, 2024, WGFD officials released the following statement, “The WGFD investigated and cited an individual who was found to be in possession of a live wolf. The individual was cited for a misdemeanor violation of Wyoming Game and Fish Commission regulations, Chapter 10, Importation and Possession of Live Warm-Blooded Wildlife.”
Videos released
Generally, information regarding any wolves taken in Wyoming was not public record, but this changed.
Due to numerous public records requests, on March 10, 2024 WGFD released the game warden’s investigative report resulting in the citation and videos which initiated the investigation.
The videos were instantly and widely circulated online internationally by media and shocking many who called for Roberts’ arrest – or worse, threatened violence. Roberts’ family and rancher friends have defended his actions.
“This incident does not represent Wyoming and overshadows our state’s proven track record and dedication to the conservation of wildlife resources,” WGFD concluded, adding there was no other legal avenue to pursue criminal charges at the time.
Wolf counts
At the end of 2024, an estimated 163 gray wolves were in WGFD’s TGMA, 47 in the predator area and 108 in Yellowstone, according to the 2024 Wyoming Gray Wolf Report, released in 2025.
More than 500 wolves are estimated in the Greater Yellowstone Ecosystem, which includes Wyoming, Montana and Idaho.
New numbers for Calendar Year 2025 will be released in the next Wyoming Gray Wolf report due in several months.
Joy Ufford is a corresponding writer for the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
