• Death penalty dropped

By Cali O’Hare
Pinedale Roundup
Via- Wyoming News Exchange

PINEDALE —  A 19-year-old Big Piney man charged with first-degree murder and mutilation of a dead human body will be transferred from the Sublette County Detention Center in Pinedale to the Wyoming State Hospital to undergo a court-ordered psychiatric evaluation. 

RELATED: TWO CHARGED IN THE DEATH OF BIG PINEY MAN –

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Rowan Littauer faces charges in connection with the death of 23-year-old Dakota Farley.

Littauer testified at his arraignment in Sublette County District Court on Monday, April 7 that his mind was clear and that he was not under the influence of any drugs, prescription or otherwise, that would cloud his ability to understand what he was doing at the time of the crime.

However, Elisabeth Trefonas, the public defender representing him, asked that he undergo the inpatient evaluation and “be evaluated as thoroughly as possible due to the gravity of this case.”

Littauer entered pleas of not guilty by reason of mental illness to the felony charges. 

Wyoming statute provides that parties are not responsible for criminal conduct if at the time of the crime, as a result of mental illness or deficiency that “grossly and demonstrably impair a person’s perception or understanding of reality,” they lacked substantial capacity either to appreciate the wrongfulness of their conduct or to confirm their conduct to the requirements of law. 

Farley, a 2019 graduate of Pinedale High School who once competed in the Special Olympics and was studying to become a video game developer, was killed with a compound bow and two broad-head arrows in his living room, then shot in the head six times with BBs. 

Trefonas’ request for an inpatient evaluation of her client will likely delay the jury trial, set for July 21. 

Littauer’s so-called “foster brother,” Orion Schlesinger, entered the same plea in district court on March 20 to the charges of conspiracy to commit first-degree murder and theft of a firearm. 

His jury trial was also set for July 21. 

Once returned, the psychiatric evaluations will be filed with the Sublette County District Court. 

Given the procedural requirements for psychiatric evaluations — inpatient for Littauer and outpatient for Schlesinger — coupled with the limited resources of the Wyoming State Hospital, it is unlikely that either case will proceed to trial on schedule. 

It is possible that one trial could move forward while the other defendant’s evaluation is still pending, although that is also an unlikely outcome. 

When asked about the possibility of delays, the victim’s father, Ray Farley, told the Pinedale Roundup, “The hardest thing is, as parents, we feel we’re not being allowed to get our closure or move forward yet. I’m flabbergasted. You’d think with the death penalty taken off the table, they’d be more honest and ready to fess up to what they did.” 

 

Death penalty considerations 

Neither defendant will face the death penalty for Farley’s first-degree murder. 

At Littauer’s arraignment, Sublette County Prosecutor Clayton Melinkovich explained that despite “heinous allegations” against the former Big Piney High School student, the state would not seek to have him executed. 

“If the story about what happened in Dakota Farley’s home in the middle of the night and the backstory about these young men and the times they had spent together coupled with the potential danger posed to the community were the only considerations, the state would most certainly continue to seek the death penalty in this matter,” Melinkovich said. 

But those aren’t the only considerations.

“In Wyoming, there are specific procedural steps including a second evidentiary hearing wherein necessary findings must be made by a unanimous jury, including a unanimous decision for a death sentence. … Given Mr. Littauer’s age and criminal history, my office does not see this as a likely outcome.” 

With this in mind, Melinkovich explained, “The State does not see how pursuing (a death sentence) throughout the course of this matter is beneficial to this community or the overall criminal justice system in Wyoming given the current pressure that already weighs heavily on the Public Defender’s office.” 

Melinkovich made a similar argument at Schlesinger’s arraignment. 

If convicted of first-degree murder and sentenced to the maximum penalty, Littauer will spend the rest of his life in prison without the possibility of parole. If Littauer is found guilty of mutilation of a dead human body, he could be sentenced to an additional five years in prison, plus a $10,000 fine. 

As for Schlesinger, if he is convicted of conspiracy to commit first-degree murder and sentenced to the maximum, he will spend the rest of his life in prison without the possibility of parole. If found guilty of theft of a firearm, Schlesinger could be sentenced to an additional 10 years in prison, plus a fine of up to $10,0000.