Casper Attorney Tries to Talk Game Warden From Citing Casper Man for BUI
A Casper attorney and friends on Sunday tried to persuade Wyoming Game and Fish game wardens -- through verbal pleas and offers of sexual favors -- to not cite a Casper man for boating under the influence and other misdemeanors, according to a Natrona County Circuit Court affidavit filed Wednesday.
Wardens Austin Swingholm and Colten Galambas were patrolling Fremont Canyon on Alcova Reservoir at 4:28 p.m. Sunday when they saw Clinton Ide operating a boat and making a significant wake in a "no wake" area of the canyon.
Galambas signaled Ide to slow down and saw Amy Iberlin stand up and move to the operator's seat, according to the affidavit.
Iberlin told Swingholm that she owned the boat and that she was an attorney.
Swingholm did not find registration decals or numbers on the boat. He conducted a safety search of the boat, but Iberlin could not provide life vests for Ide and passengers Maranda Koch, Heather Threlkeld and Mary Bennett.
Swingholm also asked why Iberlin switched with Ide. She initially said Ide was not operating the boating, but then said Ide was operating the boat for a short time.
Ide admitted to Swingholm that he had several alcoholic beverages. Iberlin also appeared intoxicated, but since she was not operating the boat at the time, Swingholm said he would not be citing her for boating under the influence.
Swingholm asked the three women passengers if they were sober to operate a boat.
Koch blew a 0.028% which was under the legal 0.08%. Swingholm asked Koch to operate the boat, but she said she had no experience, so he boarded the boat to assist her. The warden saw about eight open beverage containers in the boat.
Koch steered the boat away from the rocks and Swinghom began performing field sobriety tests on Ide.
Swingholm tested Ide for Horizontal Gaze Nystagmus, and he noted a lack smooth pursuit of Ide's eyes, which is an indication of intoxication.
Koch drove the boat out of the canyon with Swingholm's assistance.
Iberlin asked Swingholm to conduct a breath test on her and she blew a 0.138%.
Swingholm called dispatch for help, but no deputies were available to assist.
He then turned on his audio recorder.
"Miss Iberlin asked Warden Swingholm several times to not address the potential BUI on Mr. Ide and stated several times that she was an attorney," according to the affidavit. "Miss Iberlin whispered to Mr. Ide several times, and Warden Swingholm heard her tell him to not submit to PBT [preliminary breath test] or any testing."
Swingholm noted how Iberlin and another passenger tried to persuade Swingholm to drop the case. (See transcript from affidavit below.)
Koch, with Swingholm's assistance, maneuvered to the dock where Warden Galambas was waiting.
Swingholm had Ide sit on a rock and read the national and state rules about boating while impaired. Iberlin was being distractive, Swingholm told it was in Ide's best interest if she stopped, and she began cell phone videorecording the sobriety tests.
Swingholm again performed the Horizontal Gaze Nystagmus test, and Ide again failed it, according to the affidavit. "After HGN Miss Iberlin stated, 'were gonna take an interference charge if you give him a DUI [sic]'"
Swingholm also had Ide perform a finger-to-nose test, a palm pat test, and a hand coordination test.
Ide flunked all of them.
At 5:54 p.m., Swingholm arrested Ide for operating a watercraft under the influence of alcohol or drugs.
Galambas helped Iberlin and the other passengers to load the boat on her trailer.
Swingholm told Iberlin that she would be receiving citations for the boat registration and safety equipment violations.
He then took Ide to the Natrona County Detention Center.
At 6:50 p.m., Ide was asked to submit to a breath test at the jail.
Swingholm then obtained a search warrant for a blood draw and took Ide to a nurse's station. The nurse tried to draw Ide's blood, but he pulled his arm away and refused. Swingholm told Ide he didn't have a choice in the matter but Ide still refused.
Swingholm then charged Ide with Interference with a peace officer.
Besides Boating Under the Influence and the interference charge, Ide was charged with failure to operate watercraft in accordance with buoys or markers.
On Monday, Ide made his initial appearance via videoconference from the jail with Natrona County Circuit Court Judge Michael Patchen.
Ide, 32, said he worked for Ide Land & Leasing Co., which is owned by Robert Ide, who is running the Republican Party's nomination in Senate District 29. Ide faces incumbent Sen. Drew Perkins.
Ide pleaded not guilty and will be tried by a jury in Circuit Court. Patchen set his bond and $750 and ordered him to undergo drug and alcohol testing.
On Wednesday, Iberlin referred K2 Radio News to her attorney Frank Chapman, who said she owns the boat and knew better than to drive the boat.
Swingholm's recording of the bikini-clad women in the boat was not pertinent to the probably cause charges against Ide, Chapman said.
Swingholm pulled over Iberlin's boat even though there were other boats in the area making bigger waves. He did so because he wanted to check out the bikini-clad passengers, Chapman said.
The transcript of the recording does not include the laughter on the boat, meaning that Iberlin and the passengers were joking with Swingholm, Chapman said.
"Mr. Swingholm is engaged in some cancel culture stuff to shut their people (down)," Chapman said.
During the ride to the boat ramp Warden Swingholm recorded the conversation:
"Miss Iberlin to Miss Threlkeld -- “Offer it up, offer it”
"Warden Swingholm -- 'What are you offering up?'
"Miss Threlkeld asked about Warden Swingholm's wife
"Miss Iberlin -- 'Austin, I just feel like this is an unlucky circumstance'
"Warren Swingholm -- 'It is, it is for all of us'
"Miss Iberlin -- 'Honestly, I feel like you just should let Maranda drive us home'
"Miss Iberlin -- 'I'm gonna have to go bail Clint out of jail, were gonna to go trial on this, come on [sic]'
"Miss Threlkeld -- 'i could definitely make out with you, give you a ginormous b--- --b'
"Warden Swingholm -- 'No, I don’t think my wife would like that'
"Miss Iberlin -- 'Austin, you should accept it'
"Miss Threlkeld -- 'I know she probably wouldn't, but if she ever wanted a three some I like girls too'
"Warden Swingholm -- 'I'll let her know'
"Miss Iberlin -- 'Heather will f--k your friend here, whatever it takes'
"Miss Threlkeld rubbed Warden Swingholm’s back and arm several times. Warden Swingholm asked her to stop. Warden Swingholm then brought up that Clinton was in fact driving the boat upon contact and that's what he had to investigate
"Miss Iberlin -- 'Austin, right before f-----g Clint took over, Maranda was driving, we were teaching her how. It is just unfortunate that you saw Clint'
"Warden Swingholm -- 'I know, right, but that's all that it takes right'
"Warden Swingholm -- 'Ya, so you just took over for Clint, right?'
"Miss Iberlin -- 'no'
"Miss Koch -- 'to talk to you'
"Miss Iberlin -- 'yes, to talk to you'
"Miss Iberlin -- 'Austin why do we have to do this legal process right now'
"Warden Swingholm -- 'I just gotta do my job'"