Drop the Criminal Charges Against Michelino Sunseri
All views expressed below are mine alone, and don’t reflect those of Michelino Sunseri or other involved parties. Sign the petition at change.org. Thank you Teton Valley News for also publishing this Open Letter.
The ongoing Grand Teton speed record drama might seem silly, but the potential criminal charges hanging over Michelino’s head are serious. I remained hopeful through the Fall that the government would propose a reasonable resolution. But, going into Michelino’s December 18th initial appearance, the prosecutor’s best offer was a misdemeanor plea, five-year ban and fine.
As a professional mountain runner, a ban would force Michelino—and his two huskies, Dash and Thor—to leave his home of four years. The six months in jail threatened by Grand Teton National Park’s (GTNP) spokesperson would be more palatable, though not at all acceptable. The collateral consequences of a misdemeanor spill into future job opportunities, housing and international travel.
Michelino works as a bartender at Grand Targhee’s Trap Bar, struggling to make ends meet like the rest of us. He’s hardly awash in sponsorship dollars to support the legal bills stacking up to protect his criminal record, not to mention up to $5,000 in fines.
So absent a reconsideration by the National Park Service (NPS) and U.S. Attorney’s Office, Michelino’s case is going to trial on May 20th. With a potential misdemeanor and five-year ban in the cards, simply paying a fine isn’t an option.
With what crime is Michelino being charged?
On September 2nd, Michelino Sunseri set the new speed record or fastest known time (FKT) on Grand Teton, a mind-blowing 2 hours 50 minutes 50 seconds from Lupine Meadows to the summit and back, breaking the record that stood for 12 years.
Michelino followed the tradition of prior Grand Teton FKTs: a mix of official trails, climber’s trails and off-trail travel. The controversy boils down to one historically-significant, hard-packed and well-traveled trail segment known as the old climber’s trail, below the mouth of Garnet Canyon. Mountain runners also colloquially refer to that trail as “cutting the switchbacks,” though the land impact is negligible compared to the imagery the phrase evokes.
Michelino, along with six of seven prior record holders—one as recently as 2022—took the old climber’s trail on descent. Only one, the most recent men’s record holder, Andy Anderson, didn’t. Approximately 60 other runners posted run recaps on Strava using the trail. No one was ever prosecuted.
Michelino posted a recap on Strava openly admitting to using the old climber’s trail. Before his effort, Michelino discussed the old climber’s trail with the then record holder Andy, who deferred to Michelino’s judgement and voiced no objections. Michelino didn’t know the NPS considered the trail to be legally closed, evidenced by his full transparency.
Within days, the NPS alleged that the old climber’s trail was legally closed, making Michelino liable for a misdemeanor under 36 CFR 2.1(b). The publicity around the new FKT was too tempting for the NPS to pass up, so they decided to make an example of Michelino, launching the first-ever prosecution for use of the old climber’s trail.
See more details at grizzliesandavalanches.com.
Alex Rienzie
What damage was caused by Michelino’s use of the old climber’s trail?
The old climber’s trail is well-traveled, hard-packed and free of vegetation.
The occasional use by a runner causes no erosion. A well-maintained, easier trail exists into Garnet Canyon, making it extremely unlikely that the old climber’s trail will ever see much hiker use. By contrast, nearby Delta Lake sees at least 50 times the traffic as Garnet Canyon.
Absent soil tilling, the old climber’s trail will not revegetate. There’s no evidence of any bona fide NPS attempts to revegetate the old climber’s trail that a runner would disrupt.
Many other legal routes with off-trail segments cause far more erosion and vegetation impact, e.g., delicate alpine lichens versus the hardy sagebrush lining the old climber’s trail.
What steps did the NPS take to legally close the old climber’s trail?
The NPS hangs its case on an earth-tone, iPhone-sized “Short cutting causes erosion” sign hidden in sagebrush at the top of the trail segment, the only side Michelino entered. The sign provides no more notice of a potential misdemeanor than would “Snowmobiling causes avalanches,” “Hunting kills wildlife” or “Drones make noise.” For snowmobiling, hunting and drones—and other misdemeanor offenses—the NPS provides clear notice via unambiguous signs, maps and listed regulations on the GTNP website and in brochures.
A second earth-tone, iPhone-sized sign, hidden behind a pine tree near the base of the trail—which Michelino never entered—states “Closed for regrowth.” I haven’t found any evidence of bona fide attempts at revegetation.
Off-trail travel in Grand Teton isn’t illegal. Within a mile of the old climber’s trail, tens of thousands of tourists hike off-trail to Delta Lake each summer. The NPS installed a large sign—easily five times the size of the old climber’s trail signs—where hikers leave the official trail that states, “Are you prepared for this? This is not a maintained trail.” Delta Lake hikers easily cause 100 times the impact that 100 mountain runners would cause on the old climber’s trail.
Yet, the NPS filed criminal charges. In many statements to reporters, the NPS emphasized the Instagram congratulations from his sponsor, The North Face, and Michelino’s own public Strava report as the motivating factor to press criminal charges.
What does the NPS hope to accomplish?
The NPS stripped Michelino of his record by contacting FastestKnownTime.com, telling the private site to reject his record. The NPS dragged Michelino’s name through the mud by leaking comments to the press, utterly terrifying any other potential trail users in the process. In effect, the NPS ran a masterclass on using a press cycle to distribute a message, making an example of Michelino to make up for their own shortcomings.
If the goal is deterrence, mission accomplished.
But by backing Michelino into a corner, the Federal government is forcing the case to trial, overseen by the honorable U.S. Magistrate Judge Stephanie Hambrick. Continuing on this course will cost taxpayers tens of thousands of dollars in drawn-out litigation.
Alternatively, I imagine Michelino would be open to volunteer on sign improvements and soil-tilling efforts on the old climber’s trail, in exchange for the NPS recommending some type of civil compromise to the U.S. Attorney. Inspired by that magnanimous offer, I bet others would join him—myself included—to properly close the trail without costing taxpayers another dime.
Allies of GTNP Superintendent Chip Jenkins praise his ability to “build coalitions and find innovative and collaborative solutions to tough challenges.” It’s time to put down the pitchfork and pick up a shovel. To quote retired U.S. Magistrate Judge Mark Carman, "It also costs money to put people in jail, and putting people in jail for a long time doesn’t really help.” To Michelino, banishment from the Tetons is worse than jail.
In the words of Michelino’s father, “My son matured greatly through adolescence to adulthood, and like most, not without scars. Those scars are the life lessons that shape us into what we decide to be. His journey was tumultuous and not without errors and mistakes, but each step he took was of humility and kindness.” I hope the U.S. Attorney and NPS also choose the path of kindness.
If you’d like to voice your support for a reasonable solution, you can sign a petition at change.org. Supporting the petition against Michelino’s banishment doesn’t require you to believe his FKT should be accepted or that the old climber’s trail should be used, merely that banishment is a step too far.
A copy of this statement was mailed to GTNP Superintendent Chip Jenkins and U.S. Attorney for the District of Wyoming Eric Heimann.
Additional Support for Michelino
At popular request, we created a Printful store for friends of Michelino to direct-order stickers, hats and t-shirts at cost plus shipping (no profits).
If you'd like to print your own non-commercial stickers, flyers or embroidery, feel free to use our courtesy designs available at this link.
We're also ordering larger batches of stickers and hats to Jackson. Email me at alex@fiorproductions.com or DM me on Instagram to get on the list.
Thank you for your support of Michelino!