Wyoming Crime Lab problem prompts review of gun-involved prosecutions

Problems at the Wyoming State Crime Laboratory’s firearms unit require re-examination of an untold number of criminal prosecutions, the director of the Division of Criminal Investigation wrote to fellow “Wyoming Criminal Justice Agencies” on Friday.

In a series of four known letters starting April 24, DCI Director Ronnie Jones informed agencies around the state that problems were detected at the unit after an annual test. The examination flagged answers “outside of the expected results.” Those results occurred in a “collaborative testing services” review that’s part of the agency’s “proficiency testing program,” according to the correspondence.

A member of a criminal justice agency in Wyoming and a county prosecutor, speaking on the condition they not be identified, confirmed they received the letters. DCI Commander Ryan Cox, who usually handles reporters’ questions about operations, said he was vaguely familiar with the issue. WyoFile did not receive a response from DCI Director Jones.

“It is a priority for DCI to examine all previous casework,” Jones’ Friday letter states. “[A]t the top of that priority list is to re-analyze any case work from the firearms unit that may have been used in the prosecution of any defendant.

“We will be compiling a list of casework analyzed by our firearms unit, by County, as well as Federal cases,” the letter reads.

The letter calls for input from agencies, without which “we are not able to identify which cases need to be the top priority.

“Every effort will be made to provide analysis in a timely manner to ensure accurate information was used in case prosecutions,” Jones wrote.

The letters gave no indication of how many prosecutions may be affected. The fact that the firearms unit problem emerged in an annual review suggests the issue may be confined to the year before May 28.

Transparency

The series of letters was sent “[a]s part of our ongoing commitment to quality and transparency at the Wyoming State Crime Laboratory,” Jones wrote in his April 24 letter.

“Our crime laboratory has a 100% Technical Review Policy for all casework across all disciplines, and we believe that this issue is exclusive to this particular [firearms unit] proficiency test,” the letter states.

The correspondence did not state what it means to have results outside those expected, other than to state the following: “Approximately 20% of respondents provided the same or similar answers; approximately 50% of respondents provided an Inconclusive response, and the anomalous error rate is still being reviewed by other entities.”

DCI was “engaged in a Corrective Action Process” that involved “other independent, accredited laboratories,” Jones wrote.

Jones wrote another letter May 1, according to the correspondence, but WyoFile has not seen that document.

The corrective action process apparently outlined in that May 1 letter “has revealed additional concerns regarding casework analyzed in the Firearms Unit,” Jones wrote to Wyoming criminal justice agencies May 28.

The DCI temporarily suspended firearms unit casework May 23, the letter states. DCI was searching for alternative laboratories to assist, but that quest “may result in delays,” Jones wrote.

“If you have any pending litigation for cases with firearms evidence, please reach out to us to discuss options,” Jones’ letter said.

By Friday, DCI had identified independent firearms examiners to do new casework analysis “as well as to re-analyze casework that has been conducted in the past,” Jones’ July 26 letter states. He said casework associated with prosecutions is at the top of the priority list.

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