JARED MILLER Star-Tribune capital bureau | Posted: Tuesday, February 26, 2008 12:00 am
CHEYENNE - The Sweetwater County Sheriff's Office arrested more than a dozen suspected members of the notorious Surenos 13 gang on burglary and drug charges in January.
Two weeks ago, the Teton County Sheriff's Office arrested three suspected gang members in Jackson.
The state Division of Criminal Investigation arrested several more suspected gang members last Tuesday in Carbon County.
The arrests are just a few recent examples of the state's growing problem with criminal gangs, said Sen. Bob Fecht, R-Cheyenne, who is also Cheyenne's police chief.
In response to the problem, state lawmakers are crafting the first laws specifically targeting gangs in Wyoming. The bill is House Bill 76.
"I can tell you that there are some towns in my (legislative) district where these gangs are setting up shop," said Rep. William "Jeb" Steward, R-Encampment, the sponsor of the legislation.
The bill would define gang behavior in state law. It would also make it a crime to intimidate someone on behalf of a gang.
The bill also defines a "pattern of criminal street gang activity," a label law enforcement could apply to anyone who partakes in crimes including prostitution, forgery, wearing a concealed weapon or blackmail.
The most aggressive section of the bill, which would have enhanced the penalties for gang-related crimes, was removed.
HB 76 already passed the House. It received approval, on a 3-2 vote, from the Senate Travel, Recreation, Wildlife and Cultural Resources Committee on Tuesday.
Ken Murray, a deputy with the Laramie County Sheriff's Office who works in gang-related crimes, said anyone who doesn't believe that gangs are a problem in Wyoming simply doesn't know how to read the signs.
"Even law enforcement for a long time didn't realize what they were seeing," Fecht added. "We still have that with the general civilian population."
Steward said big-city gangs are essentially setting up franchises in Wyoming from which they operate drug-running operations and other illegal activities.
They especially like small towns that lack sophisticated law enforcement, he said.
"Any of the gangs that you have heard of, they are here in Wyoming," Steward said. "They have found somewhat of a niche in Wyoming because our statutes are void."
Steward said existing state laws lack the teeth law enforcement needs to effectively manage the gang problem.
He said HB 76 would allow police to identify gang members more easily and to target them for specific gang activities, such as intimidation or soliciting other people to participate in street gangs.
"What we are looking for is a pattern," he added.
Fecht said Cheyenne was able to cut down gang problems a few years ago by adopting an ordinance similar to HB 76. He noted that five officers are still dedicated to gang activity in the Capital City.
The bill raises flags for some lawmakers who worried it might be used to inappropriately target teenagers and minorities.
Linda Burt, executive director of the American Civil Liberties Union in Wyoming, said gang laws are not necessary here. She noted that all of the crimes mentioned in the bill are already illegal under existing state law, and she said Wyoming is already tough on crime.
In addition, she said laws targeting gangs tend to be discriminatory and are frequently the subject of lawsuits in other states.
"There is a reason why most of these laws are under challenge across the United States," Burt said.
Steward said the bill was carefully written to avoid civil-rights violations. It avoids any language that would make it illegal to associate or gather together.
Prosecutors will be able to apply common sense when deciding whether a suspect should be charged with a gang-related crime, Fecht said.
"If you have an overzealous law enforcement, there is still the safeguard that these charges have to go through the prosecution process," he added.
The bill now moves to the full Senate for consideration.