Wyoming lets people stand their ground. A judge will decide if that law extends to this transgender woman

A judge in Wyoming will soon decide whether the state’s stand-your-ground law protects a transgender activist.

Rihanna Kelver has maintained that Scott Durham hurled anti-trans slurs and pushed her to the ground outside the Crowbar & Grille in Laramie before she pulled out a gun. Still, police arrested Kelver on charges including aggravated assault and possession of a deadly weapon with unlawful intent.

Laramie was the site of the October 1998 murder of Matthew Shepard, a gay college student whose killing became a defining symbol of anti-LGBTQ+ violence. His name now appears on the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, the landmark federal hate-crimes law enacted in 2009.

Albany County District Judge Misha Westby this week heard arguments from Kelver’s attorney that she acted in self-defense and therefore should face no charges. The hearing also included tearful testimony from Kelver, who described her fear during the encounter. Westby is expected to decide soon whether the case should be dismissed on self-defense grounds or proceed to a jury trial.

Related: Trans woman faces assault charges for self-defense despite Wyoming's 'Stand Your Ground' law

While Wyoming has a “stand your ground” law allowing individuals to defend themselves if they reasonably believe they face an imminent threat, prosecutors have argued that the law does not apply because Kelver allegedly started the altercation.

According to court testimony, Kelver was sitting on a bench outside the bar on September 13 when Durham and a small group of friends shouted derogatory slurs. Surveillance video shows that she then followed the group across the street before approaching Durham with a hand on her satchel, according to the Laramie Boomerang. The video then shows Durham shoving her to the ground before beginning to walk away.

Kelver, while still on her back, allegedly pulled out a .380-caliber semiautomatic handgun, racked it, and pointed it at Durham. She put the gun away after Durham and his group walked away, then returned to her job at the Crowbar & Grille, according to the prosecution.

Police initially arrested Kelver for reckless endangerment. After investigators determined that she had drawn a loaded gun, prosecutors charged her with felony aggravated assault and battery, felony possession of a deadly weapon with unlawful intent, and misdemeanor interference with a peace officer.

Cowboy State Daily reported that the parties discussed a possible plea deal involving only misdemeanor charges, but prosecutors ultimately continued pursuing the felony charges.

Transgender people are disproportionately likely to become victims of violent crime. A recent Williams Institute analysis of federal data from 2022 and 2023 found that transgender people experienced 93.7 violent victimizations per 1,000 people — more than four times the rate among non-LGBTQ+ people. The category includes attacks, threatened attacks, sexual assault, robbery and aggravated assault.

The government has maintained that Kelver initiated the confrontation by approaching Durham while keeping her hand on the satchel containing the gun.

Andrew Holcomb, Kelver’s attorney, disputed that characterization. “When Ms. Kelver heard targeted slurs, heard threats, then was shoved to the ground, her fear did not come from nowhere,” Holcomb said. “It came from the circumstances.”