A trans woman in Wyoming could soon face trial on felony charges after a judge ruled that the state’s Stand-Your-Ground statute does not apply to her case.
Albany County District Court Judge Misha Westby made the ruling Monday in the case involving Laramie trans woman Ríhanna Kelver. The decision does not determine whether Kelver was acting lawfully when she pulled a firearm during a confrontation last September. It simply means she cannot rely on the specific Stand-Your-Ground protection to have the charges dismissed at this stage.
What Happened That Night?
According to accounts presented in court, as obtained by Laramie Reporter, the confrontation happened around 10 p.m. on September 13 near Second Street and Ivinson Avenue, close to Laramie’s Crowbar bar.
Trans rights activist and author Kelver has said a man, identified in court documents as S.D. and referred to as Durham, confronted her and others from across the street. Kelver alleges that homophobic slurs and threats were directed at her. His account, as described in the reporting and court documents, disputes that characterization and says he yelled criticism of the Crowbar rather than the slurs Kelver remembers.
The two sides eventually met in the crosswalk.
Kelver says Durham shoved her to the ground, leaving her with a spinal injury. She then pulled a .380-caliber handgun from a satchel.
Video of the confrontation reportedly captured the physical sequence but did not contain audio. According to the police affidavit, the footage shows Kelver being pushed backward before drawing the firearm and manipulating its slide.
Kelver maintains that she never intended to shoot.
READ: “How Can This Happen Here?” Anti-LGBTQ+ Attack Leaves Sacramento Victim Reeling
Self-Defense Is Still on the Table
The trans rights activist was charged last September with aggravated assault and possession of a deadly weapon. She has maintained her innocence and argued that she acted to protect herself after being physically confronted.
Although Judge Westby rejected the Stand-Your-Ground argument, Kelver can still present self-defense at her November 30 criminal trial.
That distinction is important. A pretrial ruling is not a determination that Kelver was guilty, nor does it establish that prosecutors will ultimately prevail.
Kelver has expressed optimism about the trial, pointing to the prosecution’s burden to prove its case beyond a reasonable doubt. At trial, the question will not simply be whether prosecutors can present an argument against self-defense, but whether they can persuade a jury that the evidence meets the required legal standard.
For now, a complicated confrontation involving a trans woman, an alleged assault, a firearm, disputed recollections, and a downtown Laramie bar is moving toward a courtroom showdown.