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No crime found in man's death

By Cameron Mathews
cmathews@wyomingnews.com

CHEYENNE - No criminal charges will be filed against anyone in connection with the January death of 20-year-old Darwin Gifford.

Laramie County District Attorney Scott Homar said after carefully reviewing, analyzing and examining the case, his office will not file any criminal charges at this time.

The reports, including the autopsy report, received by the Laramie County District Attorney's Office detail a comprehensive and exhaustive investigation by the Laramie County Sheriff's Department, Homar said.

"It is under the opinion of my office that, absent further evidence, no criminal violations can be shown to be the proximate cause of Mr. Gifford's death."

Gifford died sometime late Jan. 29 or early Jan. 30, Laramie County Sheriff's Department spokesman Gerry Luce said.

Sheriff's department records show Gifford was at a party Jan. 29 somewhere along a rural roadway north of the city.

His body was found in the 6700 block of Braehill Road by two utility workers in a ditch just after 7 a.m. the following day. Small traces of blood where spotted near his body.

Luce said abrasions on Gifford's cheek, ear and forehead indicated he probably fell and hit his head sometime during the night.

Autopsy reports later showed Gifford died from exposure to the cold and from hypothermia. Luce said toxicology results revealed Gifford had a blood-alcohol content of .145, and no traces of drugs were found.

The sheriff's department concluded in March that his death was likely accidental, which is apparently written on Gifford's death certificate.

Homar added that his office can reassess the case if any additional information comes to light in the future.

"I know this has been a long and difficult time for Mr. Gifford's family," he said. "They are in our thoughts and prayers."




Reader Comments

A longtime friend wrote on Apr 14, 2008 1:21 AM:

" I still remeber the day I was told of this tragedy.. I didn't belive it because I had the chance to get to know Darwin well since I met him in jr. High. And over the next 6 years I knew how tough of a person he was. And I don't belive he would just lay in the snow and die. Something happened to him that we'll never know because the CPD is too ignorant to deal with a case like this. I pray that one day something will be done. But just from the above story, doesn't sound like the police dept. Did their job in this case. Yes he may have died frm the weather conditions but that's NOT why he was left there to die.. Darwin, my friend, God bless your soul, and thank you for the years of friendship.. One "

Diana Stolz(GRANDMOTHER) wrote on Jul 17, 2007 9:22 PM:

" The longer it goes the harder it gets for (Darwin family) to deal with his death....we know that Darwin was beat up really bad before he was in that ditch....I have seem pictures of Darwin after he had die....and he was beat up......It seems like the system is lacking in their responsiabilities in the law in forcement...there was alot of things that was not told about the condiction of Darwin when they found him in the ditch.....and yes his families miss this young man very much....We think about him,and all the hard times he when thought to live when he was young...and just die when he was 20yrs old....how sad its been for all of us as his family...cause we all when throught alot to keep him alive when he was a baby....with his heart and his CP and wasn't able to walk until he was 4 yrs old....He was very special and this boy will always be to his family and friends.... and he will always be remember in our lives. AND DARWIN WE LOVE U....YOUR FAMILY "

BRITAIN STOLZ wrote on Jul 10, 2007 3:43 AM:

" DARWIN I LOVE YOU YOU WERE LIKE MY BROTHER AND THIS ISN'T FAIR "

grandmother wrote on Jun 20, 2007 11:02 PM:

" i would like to comment on some things about Darwin that some people didn't know about him. he had a bad heart when he was born. and my daughter took care of him and he had surgery on his heart, and the drs. said he would be ok.....then darwin got cp and could walk until he was 4 yrs old....even though darwin was 20 yrs old he had a mind of a 12 to 15 yr.old...we watched this boy grow up and he was a good boy....and yes, he was drinking that night but he follow his friends.and they were drinking also...and we have pictures that shows hhat he was beat up that night. and then thrown out of a car...so who really did this....thats what his family wants to know....i know i miss this young man terriably, and i loved him alot.i am so graveful that God put Darwin in my life for the time he was there....he show me how strong of a person he was....Darwin was the most loving and caring person i had ever seen....he never gave up, he aways fought for what he wanted...and i really don't know how anyone could hurt a handicap person. "

Aunt wrote on Jun 3, 2007 12:04 PM:

" Darwin was not a quiter he never gave up on anything he showed us that he could do it no matter what it was. From birth he was a fighter he was born 2 months early the doctors said he would never walk he showed them he could he never let his disability step in his way he was a very strong willed person and i just hope someday justice will be served......For my sister anyway.....I love you Darwin...... "

Could It Be wrote on Jun 2, 2007 8:38 AM:

" Could it be the fact that yet another "under age drinker" got too carried away? Look at the facts. He was 20 (under age)He was at a party (who supervised? Who bought the alcohol?) His blood alcohol level was .145. Put these things together and you get trouble. I don't care who you are. Give law enforcement a break. I know this is tragic. Whoever had the party should be charged for persons there drinking under age. I'm not in Cheyenne anymore but I know both the sherrif's dept. And CPD do their very best. I'm proud of them. Where I am now every day an under aged drinker wrecks and dies or kills/hurts someone else. Stop blaming law enforcement for someones death who already was breaking the law. The family should find who had the party and press charges. I have sympathy for the family. I know this is hard. But go around every angle of this tragedy and find who is really responsible from the very start. "

Linda wrote on May 30, 2007 11:08 AM:

" Whenever something like this happens we always think we know the answers and can stand in judgement of "the failed system" the truth is the general public only knows a small fraction of the details how can anyone say based on this limited information that someone did or did not do their job? Considering Cheyenne only has a few murderers annually and crime is generally low we should be grateful for living in a relatively safe community. Shouldn't the lesson be to live each day to the fullest with no regrets? I too have lost a child and know that Darwins death will forever be with the family. It is not our opinions that matter but that of the theirs. "

someone whoknows wrote on May 29, 2007 10:22 PM:

" Don't be so ignorant. Most of what you think you know comes from media reports and not the facts of the case. Do you want your law enforcement to make a case against someone just to satisfy your needs? In case you don't know, this was a Laramie County Sheriff's investigation, not a Cheyenne Police Department case. There is a difference. You may notice that police wear blue and deputies wear brown. CPD has one unsolved homicide from the mid '80s, all the rest have been cleared. Not a bad clearance rate. Our condolences to the families of the victims. "

CONCERNED wrote on May 26, 2007 4:46 PM:

" AS FOR EVERYONE WITH UNANSWERED QUESTION THAT IS WHAT THEY ARE AND WHAT THEY ALWAYS WILL BE. TO THE PEOPLE WHO IS TRYING TO BLAME IF YOU WASN'T THERE THEN YOU DON'T KNOW. TO THE CPD YOU HAVE ALOT OF WORK TO DO AND YOU DO NOT PROTECT THE RIGHT PEOPLE BUT THAT IS EVERYWHERE. THERE IS ONLY ONE PERSON WHO NOWS WHAT HAPPENED TO THAT POOR SOUL AND THAT IS GOD. I HAVE TO LOST MY PARENTS AND WE HAVE ALOT OF UNANSWERED QUESTIONS BUT WHAT DO YOU DO BUT STICK TOGETHER AND ALWAY TELL YOUR LOVES EVERYDAY YOU LOVE THEM. MY LOVE GOES OUT TO THE FAMILY. "

George wrote on May 26, 2007 11:35 AM:

" Tragic. My condolences to the family. I am saddened that there is a lack of trust and confidence in the community over the impartiality and competence of the local polce and law enforcement. Part of being a professional is acting like one, when law enforcement is willing to follow the same rules that the rest of us do and suffer the same consequences when they do not, some of the mistrust and cynicism will dissipate. One last comment, there are many good officers on the police force but there is a sense that we can and should do better. "

A Friend wrote on May 24, 2007 12:27 PM:

" Easy to blame others may be true but anyone who knew Darwin knew he never let his disability get in the way of his everyday life. Most people couldn't even notice the disability. So, to blame that is just another way to blame something other then what really happened. We may not know the truth but i HIGHLY doubt it was an accident. Darwin was one tough guy so whatever happended I know he put up a fight. I wish everyone would stop putting so much faith in the CPD. If they are here to serve and protect why are there so many murders that go unpunished? Cheyenne needs to wake up and relieze not everything is as the CPD says it is. Darwin, you will never be forgot. "

Wessley Prettyman wrote on May 24, 2007 9:30 AM:

" The sad fact is that if he was the son of someone like say Ted Kennedy, there would be an endless search for the truth and no expense would be spared in determining what really happened to this young man. However, since he didn't have a famous last name the investigation into his death is chalked up as another guy who had to much to drink. "

J Steger wrote on May 23, 2007 2:01 PM:

" I would like to start by sending my condolences to the family and freinds of this young man. It is in our nature to want to know all the answers or to place blame where it probably does not belong. Death is one of the hardest parts of life for us to accept. We may never understand or know what exactly happened that night. "

Another one wrote on May 23, 2007 1:57 PM:

" It's tough being a police officer, but the quality seems to be lacking. The department gets rid of Police officer of the year, yet keeps officers on the payroll who break into peoples apartments and assault the person who lives in the residence. The same officer was also known to give his underage girlfriend alcohol. Makes no sense to me. Darwin could have fallen due to his disability and hit his head and not have been able to get up, which is the only scenario I can contemplate other than foul play. "

Someone in the Neighborhood wrote on May 23, 2007 7:34 AM:

" I saw the crime seen. There was more than just a couple drops of blood. Anyone who saw the crime seen would know that Darwin laid in a puddle of blood. Yes, it was a small puddle, but still a puddle. Not to mention the fact that if he died of hypothermia, then why did the police have their evidence markers spread around in the street? I feel that if this would have happened in a different, maybe a "nicer neighboorhood" then maybe this case would get more time spent on it and the real truth would come out! "

annonomus wrote on May 21, 2007 5:39 PM:

" once again all im seeing is a failed system i agree with some of the readers saying you dont just lay down and die i think the cheyenne police dont have anyone competent enough to handle a case of this magnitude "

annette wrote on May 21, 2007 9:08 AM:

" so sorry "

Jewel B wrote on May 21, 2007 8:53 AM:

" MY thoughts go out to the family. Howerever if you think its EASY to be a cop then go join the police department. There were NO marks to say he was in a fight other then a few scratches. "

Anonymus wrote on May 20, 2007 9:52 AM:

" It seems like we always have to blame somone else.We can't accept that our children make mistakes and some of them are fatal.Praying for his family to have peace in all of this tragic happening. "

A Friend wrote on May 18, 2007 1:51 PM:

" I agree, Cheyenne is the place to get away with murder. Darwin you will never be forgotten. Hopefully one day justice will be served. "

Cheyenne Girl wrote on May 18, 2007 1:36 PM:

" Seems like Cheyenne Wyoming is the place to go to get away with murder. My mother was murdered five years ago here and still no charges have been filed. My thoughts are with the Gifford family, this ruling will not bring them closure. "

UNKNOWN wrote on May 18, 2007 10:32 AM:

" Ok we can face the fact that he died of hypothermia. BUT how did he get there and why he was there. what happened before his death we know he was at a party but what made him leave and what happened when he left that party you just don't lay down and die for no reason UNLESS he was beat up before he was put there. It does say he got into a fight at the party how do we not know if that could have been a reason for his death. "

Annie wrote on May 18, 2007 8:22 AM:

" Our thoughts and prayers are with your family. The Elbrechts "

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