Rihanna Kelver was standing outside the Crowbar & Grill in Laramie, Wyoming, when a man β whom local state news publicationΒ Cowboy State DailyΒ identified as Scott Durham βΒ began to shout homophobic and transphobic slurs at her. Durham later shoved Kelver to the ground with such force that she injured her tailbone, per court testimony and surveillance footage detailed in the affidavit reviewed byΒ The Laramie Reporter,Β which initially reported the altercation.
In response, Kelver drew a pistol from her bag, put in a round and pointed the weapon at Durham, which caused him to flee. Kelver, perΒ The Laramie Reporter, kept the safety on and never fired.
Despite Wyomingβs βStand Your Groundβ statute, which allows people toΒ use reasonable forceΒ in moments of self defense, Kelver faces up to 15 years in prison for both charges, as well as up to $11,000 in fines, perΒ Cowboy State Daily. Kelver faces an additional year and $1,000 fine for a charge of interference with a peace officer.
Per the statute, βA person who uses reasonable defensive force β¦ shall not be criminally prosecuted for that use of reasonable defensive force.β
According to video evidence detailed in court documents reviewed byΒ The Laramie ReporterΒ andΒ Slate, Kelver was βalone, outnumbered, physically assaulted and left on the ground facing multiple aggressors,β as Durham was not alone during the incident.
PerΒ Cowboy State Daily, the charges against Kelver have changed multiple times. In November, Albany County Attorney Kurt Britzius lowered the charges from two felonies and a misdemeanor to two misdemeanors: reckless endangering and interference.
Kelver wrote a letter to Judge Robert Sanford apologizing for using the gun.
βI do not wish to spend any time attempting to garner sympathy nor victimhood,β Kelver wrote, per a court file reviewed by theΒ Daily. βI wish to offer my sincerest apologies and condolences to your court and to my community.β She added she was βdeeply sorry.β
However, following that letter, negotiations fell apart and the felony charges were reinstated in March.
βI fully respect the legal process and intend to address the facts in court, not necessarily anymore in the media,β Kelver told theΒ DailyΒ over the phone. βI did not go looking for confrontation. I genuinely believed my safety was threatened and my actions were taken in response to that threat.β
Once the facts are heard, she added, βit will be clear that this was a defensive response to a frightening situation. I just ask that people not rush to judgment based on incomplete information.β
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