Joseph Steven Tortolito, a 61-year-old Hispanic/Latino man from Cheyenne, Wyoming, was killed on May 11, 2018, on a morning that began like any other workday and ended in sudden violence. Deputies were first drawn to the area south of town after a woman, Kristen Smith, reported that she had been shot near the 5000 block of South Greeley Highway. She was taken to Cheyenne Regional Medical Center for treatment and later released, but her call set investigators onto a trail that quickly turned
darker.
Not far away, law enforcement found Tortolito’s body in what was described as a nearby junk pile, and an autopsy later determined he died from multiple gunshot wounds. Early information from the sheriff’s office pointed to a suspect, Frank McHenry, and to a rifle—an AR-15—as the weapon believed to have been used, even as authorities said they could not yet explain why the shootings happened and indicated the people involved did not appear to have any connection to one another. McHenry was taken into custody after attempting to flee deputies in the area, initially held as investigators worked the case and as additional, more serious charges were expected to follow.
As the narrative of that day came into sharper focus, charging documents and later court filings described a chaotic sequence: McHenry broke into two homes in Laramie County and stole firearms, then used them in the shootings. Investigators alleged he forced entry at one Pontillo Drive home to steal a pistol, then broke into another to take an AR-15, after which he fired on Smith and Tortolito—two Cheyenne residents who were working in the area. When officers moved in, witnesses had described him as clothed earlier, but he was naked when he was taken into custody; while being processed at the sheriff’s office, he became physically aggressive and attacked multiple officers, leading to additional felony allegations tied to interference with law enforcement.
Prosecutors ultimately pursued the case as a homicide and attempted homicide, and the proceedings stretched on for years as questions of mental health and fitness were litigated and evaluations ordered. In the end, rather than going to trial on the most severe counts, McHenry entered a plea agreement: the original first-degree murder and attempted first-degree murder charges were reduced, and he pleaded no contest to voluntary manslaughter and attempted voluntary manslaughter, along with pleas on aggravated burglary and felony interference with a peace officer. The court sentenced him under that agreement to a term capped at twenty years in prison across the counts, with credit for the time he had already spent in custody before sentencing.
