Sarah Renee Fitzwater v. The State of Wyoming

2025 WY 88
CourtWyoming Supreme Court
DecidedAugust 6, 2025
DocketS-24-0300
StatusPublished
Cited by1 cases

This text of 2025 WY 88 (Sarah Renee Fitzwater v. The State of Wyoming) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sarah Renee Fitzwater v. The State of Wyoming, 2025 WY 88 (Wyo. 2025).

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2025 WY 88

APRIL TERM, A.D. 2025

August 6, 2025

SARAH RENEE FITZWATER,

Appellant (Defendant),

v. S-24-0300

THE STATE OF WYOMING,

Appellee (Plaintiff).

Appeal from the District Court of Carbon County The Honorable Dawnessa A. Snyder, Judge

Representing Appellant: Brandon T. Booth, State Public Defender; Kirk A. Morgan, Chief Appellate Counsel; Jeremy Meerkreebs, Assistant Appellate Counsel.

Representing Appellee: Bridget Hill, Wyoming Attorney General; Jenny L. Craig, Deputy Attorney General; Kristen R. Jones, Senior Assistant Attorney General; Leanne J. Johnston, Assistant Attorney General.

Before BOOMGAARDEN, C.J., and FOX, GRAY, FENN, and JAROSH, JJ.

* Justice Fox retired from judicial office effective May 27, 2025, and, pursuant to Article 5, § 5 of the Wyoming Constitution and Wyo. Stat. Ann. § 5-1-106(f) (2023), she was reassigned to act on this matter on May 28, 2025. NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of typographical or other formal errors so correction may be made before final publication in the permanent volume. JAROSH, Justice.

[¶1] After a bench trial, Sarah Fitzwater was convicted of multiple counts of welfare fraud related to applications she made for benefits under three different government assistance programs. On appeal, she challenges the sufficiency of the evidence supporting the convictions. We affirm.

ISSUE

[¶2] Ms. Fitzwater raises a single issue on appeal, which we rephrase as:

Did the State present sufficient evidence for the district court to reasonably conclude beyond a reasonable doubt that Ms. Fitzwater knowingly made misrepresentations or omissions of material fact in obtaining welfare benefits?

FACTS

[¶3] Between 2017 and 2023, Ms. Fitzwater applied for various welfare benefits for herself and her three young children, which the State granted. After an investigation, the Wyoming Department of Family Services (DFS) discovered Ms. Fitzwater did not list Matthew Wagy, the children’s father, as a household member on any of her benefit applications, even though it appeared Mr. Wagy and Ms. Fitzwater lived together. In addition, Ms. Fitzwater did not disclose several assets on her applications, including bank accounts, a timeshare she owned with her mother, and other real property.

[¶4] As a result of the investigation, the State charged Ms. Fitzwater with nineteen counts of welfare fraud in violation of Wyo. Stat. Ann. § 42-2-112(a) (2025) (Counts 1-13) and (h) (Counts 14-19). These charges involved applications for assistance under three different government programs between 2017 and 2023: thirteen applications for the Supplemental Nutrition Assistance Program (SNAP), two applications for Medicaid, and four applications for the Low-Income Energy Assistance Program (LIEAP).1 Each count alleged Ms. Fitzwater knowingly made false statements, representations, or material omissions on her applications for welfare benefits, and each alleged the value of the benefits exceeded five hundred dollars. Thus, the felony provision of Wyo. Stat. Ann. § 42-2-112(k)(i) was added to each charge. Separately, the State also charged Mr. Wagy with welfare fraud related to SNAP.

1 SNAP applications are generally completed by applicants every three to six months. Medicaid and LIEAP applications are generally completed by applicants annually. 1 Trial

[¶5] The case proceeded to a bench trial against both Ms. Fitzwater and Mr. Wagy in March 2024. The State called fourteen witnesses, including benefit specialists and investigators from DFS. The State also introduced more than 125 exhibits. As part of its case, the State introduced the eligibility requirements for each of the benefit applications at issue — SNAP, Medicaid, and LIEAP. Each application asks applicants to provide information pertaining to their household. The SNAP application asks applicants to “Complete the information below for all persons living with you,” and the LIEAP application asks an applicant to provide information for “ALL persons living in your home, whether or not you share living expenses, even if they are not related to you or are only temporarily living with you.” The Medicaid application requires disclosure of “anybody in your household or on your tax return.”

[¶6] The SNAP application also requests information about assets, specifically those “owned, jointly owned or [ ] being purchased by household members,” and requires the applicant to check boxes next to and list any checking and credit union accounts, and real property, if “owned, jointly owned, or being purchased by household members.” The SNAP application also asks about vehicles “owned, jointly owned, or being purchased … even if the vehicle is not [] in your possession.”

[¶7] All three applications require the applicant to attest that the information they provide is true. The SNAP application asks the applicant to certify “the information given is true and correct,” while the LIEAP application asks the applicant to “certify, under penalty of perjury, the truth of the information contained in this application.” The Medicaid application informs applicants they are signing “under penalty of perjury” and that they must answer questions truthfully.

Household

[¶8] Although Ms. Fitzwater did not list Mr. Wagy as a household member on any of her applications for assistance, the State introduced evidence that Mr. Wagy and Ms. Fitzwater lived together. Specifically, on a 2017 SNAP application, Ms. Fitzwater listed her address as 57 Antelope Hills Road, Saratoga, and on four subsequent SNAP applications from 2017-2019 she listed her address as 57 Antelope Hills Road, Saratoga.2 She listed 405 Jackson Avenue, Encampment, as her address on her 2019-2022 SNAP applications, 2019 Medicaid application, and 2019-2021 LIEAP applications. On her SNAP applications, Ms. Fitzwater also listed three children, and sometimes identified Mr. Wagy as a parent who did not live in the household. In addition, in 2016 Ms. Fitzwater completed a Wyoming Voter Registration Application & Change Form listing her address as 57 Antelope Road,

2 According to Mr. Wagy, Carbon County listed 50 Antelope Road as the address in the original building permit, but the address was subsequently changed to 57 Antelope Hills Road. 2 Saratoga, and in 2020 she completed a Wyoming Voter Registration Application & Change Form changing her address to 405 Jackson Avenue, Encampment. In short, the evidence showed Ms. Fitzwater lived at 57 Antelope Hills Road in Saratoga from 2017-2019, and then at 405 Jackson Avenue in Encampment from 2019-2022. Sometime after they moved to Encampment, Ms. Fitzwater also completed school registration forms that stated her children resided with both her and Mr. Wagy, and listed the Jackson Avenue address.

[¶9] As for Mr. Wagy, the State introduced evidence that he also lived at 57 Antelope Hills Road in Saratoga from 2017-2019, and then at 405 Jackson Avenue in Encampment from 2019-2022, including the period covering the SNAP, Medicaid, and LIEAP applications at issue. Specifically, Mr. Wagy listed 57 Antelope Hills Road, Saratoga, as his address on Wyoming Voter Registration Application & Change Forms in 2016 and 2018. In 2020, like Ms. Fitzwater, he submitted a Wyoming Voter Registration Application & Change Form changing his address from 57 Antelope Hills Road, Saratoga, to 405 Jackson Avenue, Encampment. Mr. Wagy also listed 405 Jackson Avenue, Encampment, as his address on several work forms in 2019.

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2025 WY 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarah-renee-fitzwater-v-the-state-of-wyoming-wyo-2025.