Back in April we reported on the two yo-yos who damaged ancient rock formations at Lake Mead National Recreation Area. At the time we posted an image of the two goons, caught in the act of vandalizing the park. Now the alleged rock formation vandals have been indicted, continuing in the annals of stupid crooks. But we may open a new category, this one for stupid attorneys. Read on.
Rock formation vandals pleaded not guilty
Payden David Guy Cosper, 31, and Wyatt Clifford Fain, 37, both from Henderson, Nevada, were arraigned on Friday, August 23. Both of them pleaded not guilty to one count of injury and depredation of government property
As we reported earlier, a video shows the two vandals pushing chunks of sandstone off the edge of an outcropping as a girl screams, “Daddy, don’t fall!” As we noted then, “The damage these clowns caused is irreparable.”
Charging documents allege, and the indictment backs up, that Cosper and Fain pushed chunks of ancient rock formations over the edge of a cliff near the Redstone Dunes Trail at the Lake Mead National Recreation Area. The April 7, 2024, act caused damage in excess of $1,000.
Attorney should probably listen to what most attorneys say
No word from the two indicted men. But an attorney representing Payden David Guy Cosper had plenty to say to media outlet CNN. One wonders why attorneys aren’t wise enough to take their own counsel and just keep their mouths shut. Ross Goodman, Cosper’s attorney, excused his client’s actions this way:
“There were no signs posted at the entrance prohibiting pushing rocks or that it was a federally a protected site. Mr. Cosper did not have any knowledge that pushing a boulder was unlawful until the US Marshalls showed up [at] his house four months later,” Goodman said in a statement to CNN.
Pardon the use of a three-letter word. DUH! Common sense should be more than enough to make one recognize that if you push boulders around on public lands, you might, kind of, sort of, put yourself in line for legal action. Plus, Atty. Goodman states his client purportedly “did not have any knowledge” that this action was unlawful until four months later? What about this being all over the internet and social media as an unlawful act since the video was posted in April? DUH!
Swift justice?
Justice may be speedy, for once. Indicted in August, the alleged pair of “boulder bums” will see a jury trial on October 8, 2024. If convicted, the two could each face up to 10 years in prison.
##RVT1172b
‘Tis frightening that these miscreants are allowed to drive, vote, & raise children! Reasonable & prudent persons they are not. How could they have no “common sense” about Public Property?
Personally, I have no doubt that they will be adjudged “Guilty” of the charges. I hope that they are NOT offered any plea deals.
I’d like to see sentences be maximum fines & suspended prison sentences, but with “house arrest” at any times not directly involved with remaining productively employed or attending scheduled legal, medical, & religious appointments or meetings.
House arrest should last at least until fines & court costs & attorney’s fees are fully paid.
Really glad they caught these idiots. I feel sorry for the little girl. I would like to see the max punishment handed out but they will probably end up with a fine & slap on the wrist. Hope not tho.
In no way am I defending these actions by these 2 goons. I find the deed deplorable, however, I’m not too sure that it is quite as ‘duh’ as you are stating. Hiking thru a national park will disturb the natural environment 100% of the time. A footprint is a disturbance. Laws need to be clearly defined.
The boulders disturbed were not named monuments. They did not have a placard on a marker post in front of them with a description.
My point is that this would be real open ended definition of what is “protected” under the law. Is every rock or pebble protected? If so, close all the parks to all traffic. Take a shiny pebble home, get charged with theft.
Technically, taking a shiny pebble from a park IS prohibited. However, park wardens have more demands on their time than catching pebble stealers. However, this is a lot bigger, so it is worth prosecuting.
Indeed Gordon, and I agree that is the “Law”. I agree this prosecution needs to happen as well, I’m just more inclined to see some light in the defense comments. It is a dim light but it exists. A ten year old hiking woth his mom, picks up a rock and throws it into larger rock and the charge is willful disturbance if a rock. It’s just not a black and white prosecution of the law.
Those two goons are goons. No apologies for them or the sentence.
That kind of logic leads to baby bison in the back of vans.
🤣😅🤣😅😆😂
OK, just to be clear, I’m not for baby Bison in the back of a pick-up truck. I am not for California Condor spicy wings with ranch dipping sauce. I have no interest in Desert Tortoise soup garnished with a poached eagle egg that is resting on a crouton that has been fried in baby seal grease.
All I am saying is I see some merit in the defense lawyers creativity of his proposed defense. Sometimes a cigar is just a cigar. The lawyer is simply pointing out that sometimes a rock is just a rock and is it possible that this is one of those times. I see a plea deal coming.
The 2 goons are still the 2 goons in this story. Sheesh. LOL. 😛😜
Somehow, ten years in prison for shoving rocks is a bit much. A hefty fine and banning any future visits to any NP would be good. People stealing under $1000 worth of stuff in San Francisco don’t get any jail time or any fines. In my book, stealing from stores is a worse crime than shoving unmarked rocks.
And like other commenters, I’m not dismissing the dumb act these guys did. But let the punishment fit the crime.
So, what I can’t get over is the charge…”injury and depredation of government property”. Government property? really..? I thought government owned property was actually considered “public” property unless it is stated as a military installation. Very dangerous if lawsuits continue on the books with this type of terminology.
Govt property….. pretty open ended….. and a pretty open ended TEST case for PROSECUTIONS in the future, using vagueness for a weapon of increased lawfare.
EXACTLY my point…it sets precedent.
I’m not sure why all the downvotes as you’re not saying a sign is necessary but are saying it’s not as black and white as some might presume.
To the downvoters – People stack rocks along trails and the parks say knock them down. Which activity is illegal?
You wrap ropes around a pair of trees for your hammock. There’s no signs to say that’s illegal and it seems harmless but……
Actually, no one should care about down votes Vince. I say have some guts and state your opinion. I think the old “sticks and stones” saying should come back in the modern vernacular! Everybody gets so butthurt anymore it’s shameful.
Agreed Matt. Totally agreed.
👍👍
👍👍
It should be 10,000 years. Better yet- they have too much idle time and no adult sense.- Community service for life.
With that kind of “legal-beagle” logic, that attorney would fit right in with the attorneys at Disney. (Read the story of the guy who’s wife had a fatal food reaction at a Disney restaurant.)
Thank you, Russ and Tina! 🙂 Was pushing the rock supposed to be a joke? Crazy idea. Thanks again, have a great day, safe travels, and safe stays! 🙂
They should also be assigned to a year of park service under the supervision of park rangers. Infringement to involve a year in prison, with hard labor.
Dumb, and dumber. Massive public service sentence at a remote National Park would be a fitting ending.
In the lawless days of yore they would be taken out back and been given a physically rough talk. We complicate things a little too much with all this law stuff.💥🎊💥🎉💥🥳💥
I remember way back when “ignorance of the law” was not an excuse
Besides a fine, I think an appropriate punishment Would be for them to put the rocks back where they found them….
Maybe if more of these maroons get prosecuted there will be less maroons. Ya, probably not but we need to keep up hope.
This lawyer wants a sign? Okay. The sign should warn people that damaging anything in the park would subject them to charges, fines and or imprisonment, cite the appropriate USC section. Then the judge can (if found guilty of the crime) make them pay for the sign. An added inscription would have to read that the sign was erected because of Mr. Cosper and Mr. Fain of Henderson NV. That should satisfy everyone.
Funny thing about signs. I’m a camp host in a national forest. I care for some day use areas as part of my job, and my camp host site is in one of these day use areas. One night there were a couple of drunks having a raging fire and setting up a tent in the day use area. I called the cops. They said “is there a sign saying camping not allowed?”. I said no, there’s a sign saying “open dawn till dusk”, meaning it’s closed at night. He said if it doesn’t say “no camping” then they’re allowed to camp there. SMH
There is no sign on a jail cell telling him not to leave either.
Lawyers spend their entire career removing “Common sense” from the law. They want/have a system that only They can interpret or navigate… for money. Greed not justice.
Ignorance of the law is no excuse. I thought that was the prevailing rule. For example: “I didn’t know that murder is illegal” would be laughed out of court.