Motion to Dismiss Denied

Fourth Judicial District Court Judge Ben Kirven issued a ruling late Tuesday afternoon in Cody McCalla’s motion to dismiss the involuntary manslaughter case against him under Wyoming Statute 6-2-602, which is the state’s stand your ground law that allows a person to use reasonable force, including deadly force, if they feel they are in danger of serious bodily injury or death. Judge Kirven denied the defendant’s motion to dismiss and the case will proceed to trial next month.

McCalla was arrested and charged with the crime of involuntary manslaughter last summer for punching 48-year-old Patrick Mudd in the face, causing traumatic brain injury that resulted in Mudd’s death. On July 12, 2024, officers with the Sheridan Police Department responded to the 1900 block of West 5th Street shortly after 6 pm for a fight in progress.

The officer that arrived first on scene, documented that Mudd was lying on the ground in a puddle of blood and McCalla was close by with blood on his face and his hands. McCalla told the officer that he had been in a fight with Mudd and that he had hit him once.  The fight between the two men was the result of a parking dispute.

McCalla is claiming self defense and that Mudd was the aggressor throughout the incident. A five-day jury trial is scheduled to begin on March 3 in District Court in Sheridan. The charge of involuntary manslaughter is punishable by up to 20 years in prison and a fine of up to $10,000.