Time is relative. Some things develop over eons, while others happen in the blink of an eye. It took nature over 140 million years to craft the unique rock formations found in Nevada's Lake Mead National Recreation Area. For a pair of cousins, it only took minutes to destroy some of them forever.
Also on the speedy end of the time scale? The federal jury that heard the case charging the two for their misdeeds. It only needed a few hours to determine that some of the rocks must have been in the heads of the defendants, returning a guilty verdict on April 9, 2025. Wyatt Clifford Fain and Payden David Guy Cosper face sentencing for injury and depredation of U.S. property.
What Better Way To Appreciate Natural Beauty Than Destroying It?
Located near Las Vegas, Lake Mead National Recreation Area spans 1.5 million acres of varying terrain that includes mountains, canyons, lakes, and valleys. A hiker's dream, the park also offers swimming, boating, fishing, and camping. The Hoover and Davis Dams created the park's lakes and are responsible for supplying electrical power and water to the surrounding populace.
Give the sheer size of the park, the National Park Service (NPS) asks visitors to alert them to any issues or problems. In April 2024, NPS rangers discovered that someone had apparently destroyed rock formations that had stood for tens of millions of years in the Redstone Dune Trail area. Numerous large rocks had been pushed off the top of the formation, shattering on impact below. Restoration wasn't possible.
The NPS launched an investigation to find those responsible for the senseless vandalism. After four months, a video surfaced showing Fain and Cosper in the act of repeatedly shoving boulders off the top of the formations. An unnamed minor is seen watching and warning them not to fall.
In the video, Fain and Cosper exert serious effort to dislodge the stones, forever altering structures that had stood undisturbed since the time of the dinosaurs. It underlined that the rocks wouldn't have fallen on their own.
Placing a Value on Something Invaluable
The penalty for an injury or depredation of U.S. property charge varies based on the value of what was damaged, with the threshold between a misdemeanor or a felony set at $1,000. Arguing that the government hadn't preserved the rocks in question, the defendants filed a motion to dismiss for denial of their due process. The government estimated the value of the rocks between $2,000 and about $46,000.
U.S. District Judge Jennifer Dorsey denied the motion as "meritless," ruling that nothing determined from the rocks would have bolstered their defense. She saw no bad faith involved with the rocks not being kept.
During the trial, the defense sidestepped the likely impossible task of somehow convincing the jury that the video didn't clearly show the defendants in the act of pushing over the rocks. Instead, they claimed that the defendants weren't aware that what they were doing was illegal and thus weren't willfully breaking the law. Defense attorney Ross Goodman insisted the onus was on the government to prove that Fain and Cosper knew what they were doing was illegal.
I'm Breakin' Rocks in the Hot Sun
By returning a verdict in only a few hours, the jury clearly believed there was malice aforethought involved and convicted them of a federal class A misdemeanor. Scheduled for sentencing by Judge Dorsey on July 8, the two each face up to a year in prison, a fine of up to $100,000, or both.
There's also the possibility Judge Dorsey could assign an alternative penalty, such as community service. If so, it's likely the National Park Service has an extensive list of chores available for the duo's required restitution.
Related Resources
- Mens Rea: A Defendant's Mental State (FindLaw's Criminal Law Basics)
- Federal vs. State Courts: Key Differences (FindLaw's Legal System)
- Alternative Sentences (FindLaw's Criminal Procedure)
