Cop Kicker "Guilty"

Jury Convicts Man in Mangy Moose Melee Trial

By Gil Brady, 9-20-07

JACKSON, Wyo. – Jurors apparently at odds with an anecdote by the presiding judge deliberated on Wednesday for nearly three hours before convicting a 26-year-old man of intentionally injuring a deputy at the Mangy Moose Saloon last winter.

Eyewitnesses and peace officers testified this week that police were called to the popular hot spot at Teton Village shortly before 2 a.m. on March 14.

Sheriff’s deputies Chad Sachse and Todd Stanyon said they arrived at the nightclub to find three to four men — including employees and Robert Hulsy’s friend – pinning a drunk and belligerent Hulsy to the saloon’s upstairs deck.

Standing during the trial, Stanyon demonstrated how, after arresting Hulsy, he and Sachse escorted the unruly man, who had just been bounced from the bar, down the stairs as Hulsy’s roommate, J.R. Jenkins, followed and Hulsy suddenly lunged into Sachse.

It was at that moment, near the top of the stairs, that Stanyon said Hulsy planted his right foot on a step then kicked his left leg back and struck Stanyon bellow his right knee, injuring him badly.

Since the incident six months ago, Stanyon says he longs to return to patrol work but has only been able to resume light duties at county dispatch. 

With the defendant’s parents, friends and local law enforcement filling the pews and looking on, the jury of three women and nine men found Hulsy guilty of interference with a peace officer, a felony.

For his crime, Hulsy faces up to 10 years in jail and $10,000 in fines, or both. However, pending a pre-sentencing investigation, 9th District Judge Nancy J. Guthrie has not set a date to decide his punishment.

For now, the judge allowed the defendant to remain free on $25,000 bond.

Shortly after a pool of 31 jurors were winnowed down to 12 and one alternate Tuesday, Guthrie marveled aloud at the deliberative, half-day process by recalling a visit to the Far East when she became one of the few westerners to ever witness a murder trial there.

“In China, you could get tried and sentenced to death in an hour and a half,” the judge told the court before opening arguments began.

Throughout the trial, public defenders Greg Blenkinsop and Traci Sampson tried to cast doubt on Hulsy’s intent to harm Stanyon. The defense strategy of chipping away at the official story of Hulsy’s having hit the deputy’s knee compelled a key witness, Sachse, to admit he never saw a kick. Sachse also recanted the assertion that Stanyon shouted out in agony that Hulsy “kicked me” at the scene of his injury.

On Wednesday, Jenkins testified that Hulsy was too drunk to comprehend his predicament and was only struggling to escape the arresting officers. The eyewitness also claimed to have a clear view of his friend’s entire arrest and said he never saw Hulsy kick Stanyon. Jenkins did, however, testify that he heard Stanyon yell that he had “blown out his knee” after tumbling down the stairs.

“Is it okay to hurt a peace officer when you’re not rational?” Prosecuting Attorney Steve Weichman asked Jenkins before resting the state’s case.

“No. That’s not okay,” Jenkins responded.

During an earlier hearing outside the presence of the jury, Guthrie denied Weichman’s motion for the judge to instruct jurors that they could infer Hulsy’s “generalized intent” to do harm by the defendant “doing an act.”

If approved, jurors would have been encouraged to weigh all of the defendant’s actions preceding Stanyon’s injury revealing his intent to do harm. Eyewitnesses testified at trial that Hulsy had picked fights with saloon patrons, and characterized some of his other acts as “wild” and “threatening,” prior to his arrest.

“What was that wonderful quote by Pascal?” Guthrie said before discussing the final order of jury instructions with lawyers. “If I had more time, it would have been shorter.”

In his closing argument, Blenkinsop asked jurors to find Hulsy guilty of resisting arrest, a misdemeanor, but said the state had failed to prove his client had intentionally interfered with a peace officer engaged in his lawful duties.

“It’s not okay to hurt people,” Blenkinsop said. “It’s also not okay to hold them responsible for harm they didn’t cause.”

Following the verdict, anxious deputies slapped Stanyon, who sat looking on in plain clothes, on the back and congratulated Weichman as Hulsy walked over to his grief-stricken mother and hugged her.

Also, before exiting court, Guthrie complimented all the attorneys for their well-fought lawyering during the trial. Hulsy’s somber-faced defense team, however, declined a request for comment following the verdict.

“Great decision, great jury,” Stanyon said afterward. “Glad it’s over. I didn’t want the jury to get confused on ‘intent’. I feel compassion for (Hulsy) and his family. It would be a nightmare for (a) family. He’s a young man. But we all have to take responsibility for our actions. Justice has to take its course.”

Speaking with reporters outside his office, a visibly relieved Weichman said he never offered the defense a plea agreement and understood why Hulsy decided to fight it out in court.

Asked if he still wished the judge had given jurors his requested instruction on “intent,” the prosecutor said: “Of course, I wanted it given. The judge determined that wouldn’t be necessary.”

“There’s a lesson,” Weichman said on whether the verdict could be seen as a ‘message’ to the community. “You might be held accountable for your criminal behavior even if you were really drunk when you committed criminal acts.”

After thanking the defense team for their efforts, as his son sat beneath the American flag outside the courthouse with Jenkins, near three of their stunned friends, Hulsy’s father discussed the jury’s decision.

“We’re obviously disappointed. We’re hopeful our son will get a good sentencing report. And we appreciate the community’s support that came out for him. And we hope the officer makes a full recovery.”

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