IAN R. SPARKS, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Campbell County The Honorable
Michael N. Deegan, Judge.
Representing Appellant: Office of the State Public Defender:
Diane Lozano, Wyoming State Public Defender; Kirk A. Morgan,
Chief Appellate Counsel; Lauren McLane, Faculty Director, and
Alex N. Cremer, Student Intern, of the Defender Aid Clinic,
University of Wyoming College of Law. Argument by Mr. Cremer.
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; Christyne M. Martens, Deputy Attorney General;
Russell Farr, Assistant Attorney General. Argument by Mr.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Ian Sparks was convicted of furnishing two fifteen-year-old
girls with alcohol and sexually abusing them. On appeal, he
contends that the district court erred in ordering joinder of
the sexual abuse charges relating to the two victims. He
further contends that the district court erred and violated
his confrontation rights and the right to a complete defense
when it excluded evidence of a prior false sexual abuse
allegation by one of the victims. We affirm.
Mr. Sparks presents two issues on appeal, which we restate as
I. Did the district court abuse its discretion in ordering
joinder of the sexual abuse charges relating to the two
II. Did the district court abuse its discretion or infringe
on Mr. Sparks' confrontation rights or his right to
present a complete defense when it excluded evidence of a
prior false sexual abuse allegation by one of the victims?
In the summer of 2016, DJJ and AK were both fifteen years old
and living in Gillette, Wyoming. They had become friends
during their participation in Civil Air Patrol that summer,
and on July 23, 2016, they made plans for AK to spend the
night at DJJ's home. Their plans changed, however, and
they instead decided to spend the night with DJJ's former
step-sister, Mikelah Williams, and her twenty-three-year old
fiancé, Ian Sparks. Mr. Sparks and Ms. Williams had
recently moved, so DJJ and AK first went to the apartment
they had vacated to assist Mr. Sparks in cleaning it.
Afterward, Mr. Sparks drove the girls to the new trailer home
he shared with Ms. Williams, stopping along the way to buy
vodka, energy drinks, and soda for himself and the girls.
It was around 10:00 p.m. when Mr. Sparks and the girls
arrived at the trailer he shared with Ms. Williams. He left
the vodka in his vehicle and told the girls that because Ms.
Williams would be upset about the alcohol, they would wait
until she went to sleep to drink it. While the girls watched
a movie, Mr. Sparks and Ms. Williams retired to their
bedroom. Sometime later, Mr. Sparks came out of the bedroom
and told the girls Ms. Williams had finally fallen asleep.
Mr. Sparks and the girls then left the mobile home and took
the vodka and other drinks to a nearby abandoned trailer.
There they passed the vodka around and drank from the bottle.
Although AK raised the bottle to her mouth and could taste
the alcohol, she only pretended to drink it. DJJ, on the
other hand, drank to the point of intoxication. As the three
drank, they played a game of "Truth or Dare." AK
described how the evening then progressed:
Q. Truth or Dare, how did it start? In what sort of things?
A. Um, so just something stupid, like you have to lick a
wall, or stuff like that.
Q. And did there come a time where the game got a little more
Q. What did you - can you tell us about that?
A. I think it started daring each other, like kiss each
Q. And did there come a point where you and Mr. Sparks got
dared to make out?
Q. Can you tell us about that?
A. [DJJ] dared us to kiss, so we kissed.
Q. Okay. Did you want to follow through with that dare?
Q. Why did you?
A. Because I was just playing along and trying to have fun,
seem like if I didn't.
Q. When you and Mr. Sparks kissed, were you sitting, or were
you standing, or something else?
A. We were sitting.
Q. Okay. And how were you sitting?
A. Like on our knees.
Q. So face-to-face?
Q. So after - well, how long do you think the kiss with Mr.
A. A minute or two.
Q. Okay. Was there any touching at that point?
Q. What kind of touching?
A. Like my butt and - yeah.
Q. I'm sorry? Your butt and?
A. Um, like my back and my arms.
Q. Okay. Now, after Mr. Sparks kisses you, what happens next?
A. Him and [DJJ] kiss. And then he dares me to kiss him
Q. Okay. Now when you see him and [DJJ] kiss, was that the
first time that you had seen them kiss?
Q. Okay. What can you tell us about that kiss?
A. It lasted like a minute, same with touching.
Q. Okay. Did you see Mr. Sparks and [DJJ] kiss again later
Q. Okay. Now let's talk about that. When you saw Mr.
Sparks and [DJJ] kissing again later, what can you tell us
A. Um, it was very - they were very into it. It lasted a
Q. Did they both appear to be sort of getting into it?
Q. Okay. Was Mr. Sparks touching [DJJ]?
Q. And I'm sorry, when you say "everywhere" can
you be a little more specific?
A. Yes. Her torso, her breasts, butt, and stuff between her
Q. Her torso, her breasts, her rear end, and between her
Q. Did you say anything to him at that point?
A. Yeah. I told them that they needed to cool it down.
A. Because she was really drunk, she didn't know what she
was doing, and she probably would have been willing to do
anything at that point.
Q. And did Mr. Sparks say anything to you?
Q. What did he say?
A. He told me that we should let [DJJ] decide what she
Q. Now, you gave an interview with an officer, a female
officer; do you remember that?
Q. Okay. And in talking with Nicole Long, do you remember
indicating that the exact thing that Mr. Sparks said was,
"it's up to [DJJ] if she wants to have sex or
Q. Is that what Mr. Sparks said?
Q. Now, how were [DJJ] and Mr. Sparks when they were getting
into it? Were they standing? Were they sitting?
A. They were, like, lying down.
Q. Okay. Now, you indicated that you saw Mr. Sparks touch
[DJJ] between her legs; is that right?
Q. Did you see Mr. Sparks touch anyone else between their