Correction: Cap City ran this story originally with a booking photo provided by the Laramie County Sheriff’s Office that was requested for Kevin W. Smith. Within ten minutes we were notified by readers that the photo was not of the correct individual. Cap City pulled the photo immediately to seek further verification from the LCSO. Cap City regrets the error.
CHEYENNE, Wyo. – Officials with the Cheyenne Police Department say that they arrested a 43-year old man after it was alleged that he strangled another person who also unlawfully gained entry into their residence by breaking multiple windows.
According to paperwork filed in Laramie County Circuit Court, Kevin Wesley Smith made his initial appearance in court on February 22nd, 2021, to hear the recommended felony charges of Strangulation of a Household Member and Unlawful Entry Into an Occupied Structure read to him.
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Smith was also read a misdemeanor count of Property Destruction during the court proceedings.
An affidavit of probable cause filed in the case states that officers with the Cheyenne Police Department were dispatched to a residence within the city limits to investigate a report of a male breaking through a bedroom window on February 20th, 2021.
Officer say that as they were arriving on scene they made contact with an individual running down the street. The officers report that the individual told them that a male had been attempting to break into their home.
The affidavit describes what unfolded next after officers went to investigate the residence.
“As I was approaching the front door, I could see a male, later identified as Kevin Smith, walking around the home through the windows. I also saw broken glass on the top stair landing leading to the front door. There was also blood outside of the door,” the officer stated in the affidavit.
The officer went on to say that they then witnessed Smith walking down the stairs.
“Smith had blood on his pants and dripping from his hands,” the officer said.
According to the officer, Smith was visually intoxicated and aggressive when they made contact with him.
Later, the accuser told investigators that Smith was an aquaintance of theirs who they had invited into their home for a conversation earlier in the evening, court papers reveal. The accuser stated that Smith became “aggressive” during their conversation.
The accuser alleged to police that Smith placed his right hand around their throat during the altercation. The reporting party went on to tell police that they were eventually able to push Smith off and make their way outside of their house to make a phone call for help.
The accuser told police that when Smith followed them outside, they then went back in and locked the door so he could not come back in.
According to the affidavit, the accuser alleged to investigators that Smith then began to break the front door window. The accuser went on to tell police that they ran out of the back door of their residence when they heard the suspect begin to break through their bedroom window. The reporting party stated to police that they then climbed the fence of their back yard and ran down the street to escape Smith.
Police say that they observed the accuser had red marks on their neck and a slight bloody nose. They reported that the marks on the accuser’s neck were consistent with their allegation that Smith had grabbed their neck.
The total damage estimate to the accuser’s property was estimated to be approximately $725.00.
According to Wyoming statutes, Smith could face up to 20 years in prison and or a maximum fine of up to $20,000 if convicted on the felony counts of Strangulation of a Household Member and Unlawful Entry Into an Occupied Structure.
All of those cited or arrested are presumed innocent until convicted in a court of law. Charges are subject to change following official filings from the Laramie County District Attorney’s Office.