The Wyoming Supreme Court reversed two witness intimidation convictions against Steve Brandon Brown on January 13, 2026, in a decision that found the state failed to present sufficient evidence to support the charges under Wyoming Statute Section 6-5-305(a).
Brown was originally convicted on two counts of witness intimidation in the District Court of Uinta County, presided over by the Honorable James C. Kaste. The convictions were based on statements Brown made during a supervised visit with his daughters and content he posted on Facebook.
The case, designated as *Steve Brandon Brown v. The State of Wyoming* (2026 WY 6), arose from Brown's appeal of his district court convictions. Brown argued that his convictions violated his First Amendment free speech rights and that the evidence was insufficient for a jury to reasonably conclude he had issued threats intended to influence, intimidate, or impede his daughters in their capacity as witnesses.
Justice Gray, writing for the Wyoming Supreme Court, stated that the court agreed with Brown's argument regarding insufficient evidence. "We agree with Mr. Brown that his convictions were not supported by sufficient evidence and reverse," the court wrote in its opinion. The court noted that it did not need to address Brown's First Amendment claims given its ruling on the sufficiency of evidence.
The witness intimidation statute under which Brown was convicted, Wyoming Statute Section 6-5-305(a), requires the state to prove that a defendant made threats with the specific intent to influence, intimidate, or impede witnesses in relation to their duties. The court's analysis focused on whether the state had presented adequate evidence to meet this burden of proof.
Brown was represented by the Office of the State Public Defender, with Brandon T. Booth serving as Wyoming State Public Defender and Kirk A. Morgan as Chief Appellate Counsel. Morgan presented oral arguments on behalf of Brown before the supreme court.
The state was represented by Wyoming Attorney General Keith G. Kautz's office, including Deputy Attorney General Jenny L. Craig, Senior Assistant Attorney General Kristen R. Jones, and Assistant Attorney General Donovan Burton. Burton presented oral arguments for the state.
The case was heard by a panel consisting of Chief Justice Boomgaarden and Justices Gray, Fenn, Jarosh, and District Judge Cooley. The decision was issued during the October 2025 term of the Wyoming Supreme Court.
The nature of Brown's statements that led to the original charges involved communications made during a supervised visit with his daughters, who apparently had roles as witnesses in some proceeding, as well as content posted to his Facebook account. However, the supreme court determined that these communications did not constitute sufficient evidence of witness intimidation under the applicable statute.
This reversal highlights the high evidentiary standard required for witness intimidation convictions in Wyoming. The statute requires prosecutors to prove not only that threatening statements were made, but that they were made with the specific intent to interfere with witnesses' duties. The court's decision suggests that the statements in question, while potentially concerning, did not meet the legal threshold for criminal witness intimidation.
The ruling also underscores the complex intersection between criminal law and First Amendment protections. While the court did not reach Brown's constitutional claims in this case, the decision to reverse based on insufficient evidence suggests that courts must carefully scrutinize witness intimidation charges to ensure they do not improperly criminalize protected speech.
For Brown, the reversal means his convictions are vacated and he will not face the penalties that would have accompanied them. The decision also provides important precedent for future witness intimidation cases in Wyoming, clarifying the evidentiary standards that must be met for such convictions.
The case number S-25-0108 indicates this was among the appeals heard during the 2025 appellate term. The formal citation *Steve Brandon Brown v. The State of Wyoming*, 2026 WY 6, will serve as binding precedent for Wyoming courts in future witness intimidation cases.
The court's opinion included the standard notice that it is subject to formal revision before publication in Pacific Reporter Third, and readers may notify the Clerk of the Supreme Court of any typographical or formal errors for correction before final publication.
This decision represents a significant development in Wyoming criminal law, particularly regarding the boundaries of witness intimidation charges and the evidence required to sustain such convictions. The ruling emphasizes that while protecting witnesses is important, criminal charges must be supported by evidence that meets the statutory requirements and respects constitutional protections.