Prosecutor Says Cody Roberts Chasing Wolf, Taping Its Mouth Aren’t ‘Prior Acts’

Less than three weeks before the scheduled start of Cody Roberts’ animal cruelty trial for allegedly torturing a wild wolf two years ago, taking it to a bar in Daniel, Wyoming, then killing it, the prosecution is giving a glimpse of some of the testimony it may present.

That includes a witness who may testify about Roberts,  disclosing how he allegedly captured the wolf, wrote Sublette County Attorney Clayton Melinkovich in a Wednesday response to a defense motion filed last week to not allow evidence of the wolf being run down or having its mouth taped shut because they are “prior acts” to what Roberts is charged with.

Melinkovich, who is prosecuting the case, says in his response that the whole act of capturing, tormenting and killing the wolf are part of a single act of abusing the animal.

He outlined potential testimony he may present in the case to lay a foundation about how Roberts captured and restrained the wolf and how it relates to its abuse and killing.

One witness may testify that Roberts told him about “chasing it on his snowmobile and cornered it into a drifted snow/cornice area,” according to the response, “where he was able to catch it, and that he then carried it on his snowmobile back to his house.”

The response goes on to outline that a veterinarian who examined the deceased wolf “may testify regarding evidence on the legs of the animal consistent with hemorrhaging and lay foundation for the admission of pictures from the examination of the animal pelt.”

Other potential testimony will establish that the wolf was killed by a single gunshot to the head along with presenting evidence that will include a photo “that allegedly depicts Mr. Roberts posing with the animal at issue,” according to the response.

While the defense has petitioned to bar any testimony about how Roberts reportedly ran the wolf down and taped its mouth shut, Melinkovich argues it’s all relevant, admissible and should be heard by a jury.

Prior Acts

Having already lost a motion to dismiss the case, Roberts' defense lawyer argues that those “prior acts” are separate from what the prosecution has charged him with.

“Such alleged conduct occurred prior to the wolf’s alleged presence at the Green River Tavern on Feb. 29, 2024,” the motion reads. “The State of Wyoming has taken great pains to clarify that it does not take issue with the alleged killing, capture or hunting of the gray wolf in controversy, but with its alleged torture and killing.”

Because of that, any potential testimony the prosecution might present about how Roberts reportedly captured the wolf and the “alleged mode of restraint” of the animal — taping its mouth shut — shouldn’t be allowed, wrote defense attorney Robert Piper of Coal Creek Law, who is representing Roberts.

Because it’s not illegal to run down a wolf with a snowmobile, a practice called wolf whacking, any testimony about Roberts allegedly doing that is part of the evidence available to “prove the elements of the crime charged,” the response says.

“Testimony about the capture of the animal at issue, regardless of what the testimony may be, is not ‘other act’ evidence because the capture of the wolf is not illegal nor is it evidence of the defendant’s character,” Melinkovich wrote.

Furthermore, the state has to prove Roberts had control of the animal, which the chase and taping of its mouth show.

“The state’s case requires proof that defendant had control of the animal in order to prove its allegation that (Roberts) ‘knowingly, and with intent to cause undue suffering, tortured or tormented an animal,’” the document continues.

How We Got Here

After reportedly running down the wolf with a snowmobile, Roberts was initially cited by Wyoming wildlife officials for possessing a wild animal. 

After an international outcry over the wolf’s alleged torture, Wyoming legislators and courts reexamined the incident, leading to the criminal cruelty charge.

The story exploded after a photo surfaced of Roberts posing with the wolf — with its mouth taped shut — along with video clips of the wolf lying on the floor of the Green River Bar prior to it being killed behind the establishment. 

The wolf also appears to be fitted with a muzzle at times in the bar images, which include a brief clip of Roberts grabbing its muzzle and turning its face to give it a kiss.

Roberts’ case is set for trial to begin March 9 in Sublette County District Court in Pinedale.

The judge on the case has said that he plans to call around 100 potential jurors and select 31 — that’s the 12 slated to deliberate and 19 alternates. 

Felony-level jury trials in Wyoming often have one or two alternates, who can deliberate if one of the main jurors falls sick, dies or reveals some prejudice during trial.

Greg Johnson can be reached at greg@cowboystatedaily.com.