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The sun will not be setting on Utah's Recapture Canyon legal saga anytime soon.
Phil Lyman and Monte Wells, the San Juan County men convicted in the 2014 protest ride through the archaeologically sensitive canyon outside Blanding, are appealing the jury verdict and other rulings that led to their conviction and short jail sentences for their roles in the illegal ATV excursion. Lyman will act as his own attorney before the 10th Circuit Court of Appeals, according to a notice of intent he filed Tuesday.
The Bureau of Land Management had closed the canyon to motorized use to protect ancient Native American sites. Lyman is an accountant and county commissioner who organized and led the ride to protest the BLM's practices that many locals say keep them from the public lands surrounding their communities.
Also Tuesday, Wells' attorney Nathan Crane filed a notice of appeal with the U.S. District Court in Salt Lake City, where in May a jury found the men guilty of trespass and conspiracy, both misdemeanors that carried up to one year in jail and a $100,000 fine. The jury acquitted two other local men who rode the canyon, but played no role in organizing the event.
Judge David Nuffer imposed three years' probation, five days in jail and a $500 fine on Wells, and 10 days and a $1,000 fine on Lyman. He also ordered $96,000 in restitution, which the defendants are to pay off over time.
Wells' filing said he intends to challenge the verdict as well as Judge Robert Shelby's pretrial ruling to not dismiss the case. He will also challenge the sentencing and Nuffer's refusal to toss the verdict "and any other orders or evidentiary rulings made in this case to which Wells interposed an objection."
In September 2014, the month he was charged in the case, Wells was appointed to serve on the Monticello City Council. The former federal Border Patrol agent now runs a blog that comments on local affairs. His conspiracy conviction stemmed from his use of social media to promote the ride, although he claims he was merely acting as a journalist.
Lyman told The Associated Press he knows winning an appeal is a long shot, but he wants to prove he didn't trespass or encourage others to break the law.
The commissioner's filing indicates that he intends to accuse Shelby of indulging a "conflict of interest" during the trial. After the verdict, Lyman sought Shelby's removal from the case, saying the Shelby family's ties to the family of a Southern Utah Wilderness Alliance attorney raised doubts about his impartiality. Shelby agreed to step aside, though SUWA was not a party to the case.
Lyman argued a new trial should have been granted so he could "bring a defense of [county] ownership and right of way" of a route through Recapture Canyon. Lyman's trial lawyer Jared Stubbs declined to raise these issues in Lyman's defense at trial and Nuffer ruled that maps and other evidence Lyman submitted after trial do not support his innocence. Lyman's appeal will also fight his sentence and restitution order.
Lyman is responsible for his own legal costs, which are being covered in part by donations that poured in after he was convicted and state officials declined supporters' request to divert Utah taxpayers to foot his bill. Wells is represented by court-appointed counsel whose fees are covered by federal taxpayers.
Brian Maffly covers public lands for Salt Lake Tribune. Maffly can be reached at bmaffly@sltrib.com or 801-257-8713.
Twitter @brianmaffly