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

This story originally appeared on Them.

A trans woman in Wyoming is facing two felony charges — aggravated assault and possession of a deadly weapon with unlawful intent — after pulling out a gun on someone who had pushed her to the ground, per Slate.

Rihanna Kelver was standing outside the Crowbar & Grill in Laramie, Wyoming, when a man — whom local state news publication Cowboy State Daily identified as Scott Durham — began to shout homophobic and transphobic slurs at her. Durham later shoved Kelver to the ground with such force that she injured her tailbone, per court testimony and surveillance footage reviewed by Slate.In response, Kelver drew a pistol from her bag, put in a round and pointed the weapon at Durham, which caused him to flee. Kelver, per Slate, kept the safety on and never fired.

Despite Wyoming’s “Stand Your Ground” statute, which allows people to use reasonable force in moments of self defense, Kelver faces up to 15 years in prison for both charges, as well as up to $11,000 in fines, per Cowboy State Daily. Kelver faces an additional year and $1,000 fine for a charge of interference with a peace officer.

Per the statute, “A person who uses reasonable defensive force … shall not be criminally prosecuted for that use of reasonable defensive force.”

According to video evidence reviewed by Slate, Kelver was “alone, outnumbered, physically assaulted and left on the ground facing multiple aggressors,” as Durham was not alone during the incident.

Despite the overwhelming evidence that Kelver acted in self defense, a judge at a pretrial hearing agreed with the charges against Kelver, forcing her to go to trial.

Some of the facts of the case are disputed, per Cowboy State Daily, including Durham’s claim that Kelver initially approached him and that Durham only shoved her because she was the aggressor, despite Durham admitting this was a “three-on-one” situation, with the numbers stacked against Kelver.

Police who reviewed the footage wrote that Kelver approached Durham and that Durham pushed Kelver, per the affidavit.

Kelver allegedly said that she “did not recall pulling the firearm during the altercation.” Kelver said she had the gun for personal safety, having been stalked just the night before.

Per Cowboy State Daily, the charges against Kelver have changed multiple times. In November, Albany County Attorney Kurt Britzius lowered the charges from two felonies and a misdemeanor to two misdemeanors: reckless endangering and interference.

Kelver wrote a letter to Judge Robert Sanford apologizing for using the gun.

“I do not wish to spend any time attempting to garner sympathy nor victimhood,” Kelver wrote, per a court file reviewed by the Daily. “I wish to offer my sincerest apologies and condolences to your court and to my community.” She added she was “deeply sorry.”

However, following that letter, negotiations fell apart and the felony charges were reinstated in March.

“I fully respect the legal process and intend to address the facts in court, not necessarily anymore in the media,” Kelver told the Daily over the phone. “I did not go looking for confrontation. I genuinely believed my safety was threatened and my actions were taken in response to that threat.”

Once the facts are heard, she added, “it will be clear that this was a defensive response to a frightening situation. I just ask that people not rush to judgment based on incomplete information.”

Currently, Durham faces no charges. Kelver’s attorney Andrew Holcomb says this is a matter of fairness.

“I think that it’s important we all have the same rights, not only the Second Amendment right to defend yourself, but we all have the right to due process and trial,” he said. “I’m just looking forward to ensuring that Rihanna’s rights are protected throughout the rest of this process.”

James Byrd, who is currently running for the United States senate seat as a Democrat in Wyoming, also commented on the case on his public Facebook page.

“The Kelver case is bigger than one bartender, one crosswalk, and one night in Laramie. It's a test of whether the Second Amendment means what it says — for everyone,” he wrote.

“Every law-abiding citizen has a fundamental, constitutional right to protect themselves when physically attacked. Period,” he continued. “This is not a selective right, and it cannot be subject to a popularity contest or cultural approval.”

As pointed out by Slate, self-defense laws are often put into question when people from marginalized communities, especially trans people, use them, including Cece McDonald, a Black trans woman who served time in a men’s prison for defending her friends during a racist and transphobic attack. Ky Peterson, a Black trans man from Georgia, was also arrested and imprisoned for killing his rapist in self-defense.