A JUDGE RULED THE PROSECUTION WILL BE ABLE TO USE MOST, BUT NOT ALL, OF THE INFORMATION DOWNLOADED FROM THE CELL PHONE OF CASPER BUSINESSMAN TONY CERCY, WHO GOES ON TRIAL NEXT WEEK ON SEXUAL
DURING AN AFTERNOON-LONG MOTIONS HEARING WEDNESDAY, NATRONA COUNTY DISTRICT COURT JUDGE DANIEL FORGEY ALSO ALLOWED AN EXPERT WITNESS, A PSYCHOLOGIST WHO SPECIALIZES IN RAPE MYTHS, TO BE QUESTIONED BY THE PROSECUTION OVER THE OBJECTIONS OF CERCY'S ATTORNEYS.

FORGEY'S ORAL RULING ABOUT THE CELL PHONE CAME FOUR WEEKS AFTER A HEARING ABOUT THAT AND OTHER MOTIONS.

CERCY IS CHARGED WITH RAPE, SECOND-DEGREE AND THIRD-DEGREE SEXUAL ASSAULT.

IF CONVICTED ON ALL COUNTS, CERCY FACES BETWEEN SEVEN AND 85 YEARS OF IMPRISONMENT.

COURT RECORDS SAY HE ASSAULTED A 20-YEAR-OLD WOMAN AFTER SHE PASSED OUT ON THE COUCH IN HIS RESIDENCE AT ALCOVA LAKE ON THE NIGHT OF JUNE 24-25TH.

FOUR DAYS AFTER THE ALLEGED ASSAULT, CERCY CALLED THE WOMAN WHEN HER FATHER WAS PRESENT AND HE TOLD CERCY TO NOT CALL HER AGAIN.

AFTER THAT, INVESTIGATORS SEIZED CERCY'S PHONE AND DOWNLOADED IT AND FOUND A LIST OF NUMBERS, AND PHONE AND TEXT MESSAGES.

CERCY'S ATTORNEYS ARGUED THE AFFIDAVIT ASKING FOR THE SEARCH WARRANT DIDN'T HAVE ANY FACTS SHOWING THE PHONE CALL WAS EVIDENCE OF THE ALLEGED ASSAULT, AND THE WARRANT DID NOT LIMIT WHAT THE PROSECUTION WAS SEEKING.

BUT DISTRICT ATTORNEY MIKE BLONIGEN RESPONDED THAT THIS SORT OF SEARCH WARRANT NEEDS TO BE BROAD BECAUSE THE FILES SOUGHT MIGHT NOT BE IMMEDIATELY APPARENT.
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TETON COUNTY SHERIFF'S DETECTIVE SGT. TODD STANYON SAID FORMER JACKSON RESIDENT 33-YEAR-OLD KREIGHTON KILGORE IS THE SUSPECT WHO HAS PHONED BOMB THREATS TO THE NATRONA COUNTY AND TETON COUNTY SHERIFF'S DEPARTMENTS ON TUESDAY AS WELL AS ANOTHER ONE IN GARFIELD COUNTY COLORADO.

NATRONA COUNTY SHERIFF'S SPOKESMAN SGT. AARON SHATTO DECLINED TO COMMENT SPECIFICALLY ABOUT KILGORE, BUT DID SAY HIS OFFICE IS LOOKING AT A PERSON OF INTEREST.

SHATTO AND STANYON SAID THERE IS NO THREAT TO PUBLIC SAFETY, WITH STANTON ADDING THAT KILGORE HAS NEVER FOLLOWED THROUGH WITH HIS THREATS.

STANYON SAID JACKSON-AREA LAW ENFORCEMENT HAS DEALT WITH KILGORE FOR A LONG TIME.

BEFORE TUESDAY, THEIR LAW ENFORCEMENT AGENCIES REPORTED TWO THREATS FROM HIM IN JANUARY, AND THE JACKSON POLICE DEPARTMENT INVESTIGATED, IDENTIFIED KILGORE AS A SUSPECT, AND ISSUED A WARRANT FOR HIM FOR MAKING TERRORISTIC THREATS

CURRENTLY HE'S A TRANSIENT AND HIS WHEREABOUTS ARE UNKNOWN, BUT HE'S PROBABLY IN THE SOUTHWEST.

THE FEDERAL BUREAU OF INVESTIGATION ALSO IS LOOKING AT THE CASE.
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DEMOCRATIC STATE LAWMAKER JAMES BYRD OF CHEYENNE WILL OFFICIALLY ANNOUNCE HIS CANDIDACY FOR WYOMING SECRETARY OF STATE DURING AN EVENT AT THE CHEYENNE DEPOT TOMORROW (THURSDAY) AT 11:30 A.M.

BYRD TOLD KGAB IN AN EXCLUSIVE INTERVIEW WEDNESDAY THAT HE'S RUNNING TO "MAINTAIN THE LEGACY" THAT HIS PREDECESSORS HAVE ESTABLISHED.

"There's really nothing wrong with the Secretary of State's Office, it's functioning very well. You've got to realize that coming in as a new manager, and new managers always want to move things around and put their signature on it and everything like that, if it's running well, don't mess around with it, look for those things that you can make it run a little bit better or those enhancements that you can add on, like how do we make ourselves more attractive to business on the corporation side."

BYRD IS THE FIRST CANDIDATE TO THROW HIS HAT IN THE RING FOR SECRETARY OF STATE. SECRETARY ED MURRAY ANNOUNCED LAST MONTH THAT HE WOULDN'T BE SEEKING REELECTION.
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A SNOWMOBILER HAS SURVIVED AFTER BEING BURIED IN AN AVALANCHE IN WESTERN WYOMING.

THE SUBLETTE COUNTY SHERIFF'S OFFICE SAYS THREE MEN FROM UTAH WERE SNOWMOBILING IN THE LEAD CREEK DRAINAGE WHEN THE AVALANCHE OCCURRED ABOUT 3:50 P.M. WEDNESDAY AND BURIED ONE OF THEM.

THE OTHER TWO SNOWMOBILERS DUG THEIR COMPANION OUT IN ABOUT 10 MINUTES.

THE BURIED RIDER WAS UNCONSCIOUS AND NOT BREATHING INITIALLY BUT BEGAN BREATHING ON HIS OWN ONCE HE WAS DUG OUT.

SEARCH AND RESCUE CREWS TRANSPORTED THE MAN TO PINEDALE MEDICAL CLINIC WHERE HE WAS TREATED AND RELEASED WITH ONLY MINOR INJURIES.

THE SHERIFF'S OFFICE DID NOT IDENTIFY THE SNOWMOBILERS.