Laramie County Attorney's Office: Transgender Woman Charged with Assault Under Wyoming Stand-Your-Ground Law

• Ríhanna Kelver, a transgender woman from Wyoming, was charged with aggravated assault after pulling a gun on three men who allegedly used gay slurs and pushed her to the ground.
• Kelver's case raises questions about bias in the application of stand-your-ground laws, particularly for marginalized communities.
• Wyoming has no permits required for purchasing or carrying guns, which may have contributed to Kelver's ability to access a firearm during the incident.
• Kelver's trial is scheduled for November.

Kelver told the New York Times that she was standing outside smoking a cigarette before her shift started when the men shouted obscenities and slurs about her and the Crowbar & Grill, according to the Laramie Reporters Substack.

Ríhanna Kelver, a 28-year-old transgender woman from Wyoming, was charged with aggravated assault and possession of a deadly weapon with unlawful intent after pulling a gun on three men who allegedly used gay slurs and pushed her to the ground outside the Crowbar & Grill in Laramie. According to Kelver's account, she was standing outside smoking a cigarette before her shift started when the men shouted obscenities and slurs about her and the bar. The incident occurred in September, and the police report does not identify the three men involved. Video footage of the incident exists, but it lacks audio. Police reviewed the footage, which shows Kelver being pushed to the ground after removing what appeared to be a gun from her satchel. The man who pushed Kelver told police that he was not trying to start a fight, and none of the men were charged in connection with the incident.

Wyoming has a stand-your-ground law, which allows individuals to use reasonable force in self-defense without a duty to retreat. The law applies when an individual is attacked in a location where they have a right to be and are not the initial aggressor. However, the law also requires that the force used must not be excessive or unlawful. In this case, Kelver's decision to pull a gun on the three men raises questions about whether she reasonably believed herself to be in imminent danger. Wyoming has no permits required for purchasing or carrying guns, which may have contributed to the ease with which Kelver was able to access her firearm during the incident.

Kelver's case highlights concerns about bias and disparate treatment in the application of stand-your-ground laws. As a transgender woman, Kelver may have been perceived as more vulnerable or less capable of defending herself than a biological woman would be in similar circumstances. This perception could influence the way law enforcement and prosecutors respond to incidents involving marginalized communities. Lawyers should be aware of these potential biases when advising clients and developing defense strategies, particularly in cases where stand-your-ground laws are involved.

Lawyers should watch for potential biases in stand-your-ground laws and their application, particularly in cases involving marginalized communities, as this may impact client advice and defense strategies.

Source: Original reporting via The New York Times and Laramie Reporters Substack