Northern Wyoming News - Serving the Big Horn Basin for over 100 years

WORLAND — Father and son Niles Wesley Veal, 71, and Cody James Veal, 42, both of Sheridan County, received probation for charges that stemmed from an incident in the Big Horn Mountains in September 2021.

The incident on Sept. 14, 2021, began with a call from the campground host for breach of peace at Leigh Creek Campground, escalated at the Baby Wagon Road area where the Washakie County Sheriff’s deputy located the Veals. According to testimony during the preliminary hearing he visited with the Veals before deciding to make an arrest.

He testified that Cody Veal was resistant, and the deputy struggled to place handcuffs on him while Niles Veal videotaped the scene. The deputy was unsuccessful in handcuffing Niles Veal but in the struggles with the two Niles Veal convulsed. The deputy escorted Cody Veal to the patrol vehicle cage and went back to treat Niles Veal, whom he found had fled.

He then saw Niles Veal in his patrol vehicle and Cody Veal crawling into the passenger seat. As the Neals drove away, the deputy said he had shot over two magazines at the truck rapid-fire, trying to engage with the vehicle occupants to “stop the threat at the time.” He noted he did hit the vehicle’s gas tank.

The incident ended with the Veals being arrested walking along U.S. 16 near Meadowlark Lake about 2:30 a.m. Sept. 15.

Initially, Niles Veal was charged with escape by violence or while armed, accessory before the fact to escape, aggravated burglary, one count of theft of a Washakie County Sheriff’s Department patrol vehicle and one count of theft of a Browning Auto 5 shotgun. He also was charged with four misdemeanors — littering, breach of peace and two counts of interference (one for eluding arrest of himself and one for interfering with the arrest of his son Cody).

Cody Veal was initially charged with felony escape from official detention and burglary and misdemeanor littering, breach of peace and two counts of interference with a peace officer.

The two entered guilty pleas as part of a plea agreement on April 6. Niles Veal pleaded guilty to aggravated burglary, escape from official detention, littering and interference with a peace officer.

Cody Veal pleaded guilty to burglary, breach of peace and interference with a peace officer charges.

NILES VEAL

During the sentencing hearing held via video conference before Fifth Judicial District Court Judge Bobbi Overfield, Niles Veal’s attorney Ryan Patrick Healy, outlined his plea agreement. Veal agreed and did plead guilty to aggravated burglary with a sentence recommendation of five to 10 years imprisonment, suspended, and he would be placed on three years supervised probation. There would be no fine.

He also agreed and did plead guilty to felony escape and would be sentenced to three to six years imprisonment, suspended with three years supervised probation to run concurrent (at the same time) to the other probationary period.

He also agreed and did plead guilty to one count of misdemeanor interference and one count of misdemeanor littering, with a $500 fine for each count. All other counts were dismissed.

It was noted at the hearing that the pre-sentence investigation was completed on May 26 and included in the file were 10 letters of character reference for Niles Veal and Cody Veal attached to the report.

Healy said the plea agreement was appropriate because at the age of 71, Niles Veal, did not have any criminal history, has been married over 50 years, is active in the community including in search and rescue and is “honest, hardworking, generous, someone you can count on.”

Healy said there was a lot more to the story than the Affidavit of Probable Cause reported.

He outlined some key facts that included neither Cody Veal nor Niles Veal fired a shot and never threatened the deputy with a vehicle or firearm. Healy noted that those facts were shown in the investigation by the Wyoming Division of Criminal Investigation.

“The evidence (if they had gone to trial) would show the deputy panicked,” he said, adding that the one question that would have been disputed at trial is whether the deputy fired at the Veals before or after they got into the deputy’s vehicle and drove away.

“I’m lucky to have two clients sitting next to me,” Healy said, appearing via video conference with the Veals sitting on either side of him.

He said Niles Veal was not in fight mode when he took the deputy’s vehicle, but rather flight mode. “He drove the vehicle away to save his son’s life,” Healy said, noting Cody Veal was handcuffed at the time.

With supervised probation, Niles Veal does not go unpunished, Healy said, adding that he will be a convicted felon, which is significant for someone who enjoys hunting. (A person convicted of a felony loses the right to possess or use firearms.)

“He is going to be successful on probation,” Healy said.

Washakie County Deputy Attorney Anthony Barton, representing the State of Wyoming, said the agreement was also appropriate but noted that whether Niles Veal was in “fight or flight” mode was irrelevant when it came to the criminal conduct and the original breach of peace that started the call.

“This is a messy situation that is solely and exclusively based on the defendant’s attitude,” Barton said. He added that it was telling to him when Veal said the deputy, who was just doing his job, was “looking for a fight.”

“Mr. Veal terrorized an innocent lady,” Barton said. According to the affidavit of Probable Cause, The Washakie County dispatch center received a 911 call from Leigh Creek Campground camp host that two men were “banging on her camper and yelling.”

The deputy later learned that the Veals became “irate and confrontational” when asked to pay for the spot where they were parked.

However, he added, since there was no criminal history and there has been no issues since they both have been out on bond, the plea agreement and recommended sentencing was appropriate.

The sentence recommendation was approved and ordered by Judge Overfield along with court costs totaling $125 and $600 to the victims compensation surcharge fund.

CODY VEAL

In the plea agreement for Cody Veal, Healy said he agreed and did plead guilty to felony burglary that will fall under a deferred prosecution and Healy will be placed on three years supervised probation and after successful completion he can petition for the court for dismissal of the charges. During the probationary period there will be no firearm restriction.

He also agreed to and did plead guilty to misdemeanor interference with a fine of $500 and misdemeanor breach of peace with a fine of $500. In addition to the fines. Cody Veal was also ordered to pay $125 in court costs and $450 to the victim compensation surcharge fund.

All other charges are dismissed.

Healy said Cody Veal also has no criminal record, is a family man with two young boys and is honest and hardworking. He said the sentence is appropriate since he was handcuffed at the time of the felony burglary incident.

Barton also said the agreement and sentencing is appropriate but added that the whole thing could have been avoided.