from the District Court of Converse County The Honorable
Patrick W. Korell, Judge
Representing Appellant: Derrick R. Parkhurst, pro se.
Representing Appellee: Peter K. Michael, Attorney General;
Christyne Marie Martens, Deputy Attorney General; Samuel Lee
Williams, Assistant Attorney General.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Thirty-eight years after his convictions for first degree
murder and assault and battery with felonious intent,
Appellant Derrick Raymond Parkhurst, pro se, seeks
exoneration under the newly enacted Post-Conviction
Determination of Factual Innocence Act, Wyo. Stat. Ann.
§§ 7-12-401 through 407 (LexisNexis Supp. 2018).
The district court dismissed Mr. Parkhurst's petition
because it lacked documentation of any newly discovered
evidence that would establish his innocence. We affirm.
We frame the issue for review as:
Did the district court err when it dismissed Mr.
Parkhurst's petition for post-conviction determination of
We set forth the facts leading to Mr. Parkhurst's
convictions in Parkhurst v. State:
At approximately 11:45 p.m. on October 29, 1978, the home of
Dennis and Christina Baird, located in Glenrock, Wyoming, was
entered by force. The assailants kicked open the front door
and went inside. Wade Dugger, a house guest who was sleeping
in the front room on a couch, awoke to the sound of a shotgun
blast which hit the Bairds' dog as it ran into the room.
Mr. Dugger stood up and he too was shot. The blast knocked
him backwards into the adjoining bedroom in which the Baird
children were sleeping. Dennis and Christina Baird jumped out
of bed to investigate the commotion. As they approached the
door into the front room, Dennis pushed his wife back into
the bedroom and indicated that she should wait. He then went
around the door and was instantly shot. His body, recoiling
from the shotgun blast, landed at Christina's feet.
Desperate for help, she headed out of the bedroom and then
saw Derrick Parkhurst, one of the appellants, running out the
front door. When she went to check on her children, she
discovered that Mr. Dugger was seriously injured. She asked
if he was all right and he responded, "no," and
then said, "Derrick." Ms. Baird then ran next door
When the police arrived, a witness told them that he had seen
two males fleeing the scene in a blue or green Ford Fairlane
and that he had followed the car far enough to see it heading
out of town towards Douglas, Wyoming. The police, upon
entering the house, determined that Dennis Baird was dead but
that Wade Dugger was still alive. While awaiting the arrival
of an ambulance, Ms. Baird informed the police that Dennis
and Derrick Parkhurst were the assailants. A police officer
then asked Mr. Dugger if he knew who shot him. Unable to
understand the response, the officer queried if it had been
Derrick and Mr. Dugger indicated yes; Dugger survived to
628 P.2d 1369, 1372 (Wyo. 1981) (footnote omitted). Police
soon located the vehicle observed leaving the scene and
ordered Mr. Parkhurst and his brother, Dennis, to exit the
vehicle. Id. at 1372-73. On Mr. Parkhurst's
advice, his brother consented to a search. Id. at
1373. In the trunk, police discovered a .22 caliber rifle and
12-gauge shotgun which was later matched to the spent shells
found at the ...