According to court documents, a Rock Springs man who is accused of using pliers to stab out his landlord’s eye two winters ago while the landlord was attempting to inspect the pipes in his house will go on trial in three weeks.
The 58-year-old Robert Wayne Downum is charged with one count of aggravated assault, which carries a maximum sentence of ten years in prison and a $10,000 fine.
In Sweetwater County District Court, his jury trial is scheduled to start on October 13.
That comes after almost two years of ongoing and pending prosecution, which included pauses to allow for experts to assess Downum’s mental health.
What Downum will do during the trial is unknown.
Although Downum entered a plea of “not guilty by reason of mental illness” (NGMI) at his arraignment, Sweetwater County Attorney Daniel Erramouspe confirmed on Tuesday that he still has the option to enter another “not guilty” plea.
In Wyoming, a defendant may simultaneously enter a not-guilty plea and a plea of mental illness.
At trial, each is treated differently. If the defendant can demonstrate, by the preponderance of the evidence, that he was too mentally ill to justify his actions or bring them into compliance with the law, he can be acquitted on the NGMI plea.
If the state cannot establish the defendant’s guilt beyond a reasonable doubt, the not-guilty plea results in the defendant’s acquittal.
A request for clarification on Downum’s plea on Wednesday was not immediately answered by Rob Spence, his public defense lawyer.
Self-Defense
A self-defense argument may also be a component at trial.
Last month, Downum attempted to have the case dismissed early on self-defense grounds.
Sweetwater County District Court Judge Richard Lavery was not convinced by that argument, according to an order issued on August 8.
That is because the elderly landlord Downum, who is accused of stabbing in the eye on the afternoon of January 13, 2024, provided more credible testimony about the incident than Downum did.
According to Downum’s account in his Aug. 4 self-defense, or “John” hearing, David Brough handled his social security payments on his behalf. Brough also purchased a trailer house for Downum, and Downum agreed to repay him and receive legal title to the trailer.
Brough assisted Downum in attending meetings, obtaining medication, and applying for public benefits, even to the point where he “saved his life,” Downum admitted during the hearing.
They also had tense interactions, according to Downum, who claims that on previous occasions, Brough yelled at him, tapped him on the chest, and shoved past him, prompting Downum to threaten Brough with a frying pan.
Downum testified that on January 13, 2024, Brough shouldered through the trailer door and attacked him, resulting in the pliers attack.
Brough gave a completely different testimony, claiming he came to bring Downum’s benefits money and check the pipes for freezing, and Downum became enraged once Brough was inside the trailer.
“Downum got really mad and walked around a table looking for something to hit him with,” Lavery’s Aug. 8 order recounts from the testimony. “He picked up a pair of pliers.”
Brough testified that he did not believe Downum was serious about using the pliers, and that Downum had previously threatened him with a frying pan.
Brough attempted to calm the man down.
“Downum swung the pliers at Mr. Brough full force, hitting him in the side of his nose and stabbing his eye out,” the judge said, citing the older man’s testimony. “Mr. Brough turned left. Mr. Downum hit him in the back with his pliers as he was leaving.”
According to the original affidavit, Downum’s arm had a scratch after the incident.
Brough took himself to the hospital and later lost an eye, according to court documents.
Nah
Lavery declined to dismiss Downum’s case early on the self-defense claim, though Downum may still argue self-defense before a jury.
The Judge’s Function There is a gatekeeping effort to uphold a Wyoming law that states a man “shall not” be prosecuted if he acts in self-defense. It is not a determination of guilt or innocence.
Lavery’s conclusion was based on the fact that Brough’s testimony was more credible than Downum’s, as well as his own observations.
“(Brough) better explained the sequence of, and reasons for, the events of that day,” Lavery reportedly said. “Mr. Downum’s claim that Mr. Brough attacked without warning, trying to force his way into the trailer, did not make sense.”
Brough’s movements in court revealed that he is “an elderly man with limited mobility” who would not launch a random attack, according to Lavery.
According to Lavery’s order, Downum appeared to use a “diminished capacity” defense to back up his claim that he had a reasonable belief he was being attacked during the stabbing.
However, no laws or cases have linked Wyoming’s diminished capacity or insanity defense to the “reasonable belief” under which a person may lawfully act in self-defense in the state, the judge added.
