Homicide person of interest released from hospital

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CHEYENNE, Wy.(KGWN)- The man being held as a person of interest in a recent homicide in Cheyenne is now in jail. 25-year-old Frank McHenry was transferred from the hospital Tuesday afternoon.

McHenry was taken into custody after a “shots fired” call on Friday May 11. When Laramie County sheriffs arrived to the scene in the 5000 block of South Greeley Highway they found Cheyenne resident 61-year-old Joseph Tortolito dead at the scene as a result of several gunshots. A woman who initially made the call to police, Cheyenne resident Kristen Smith, was also found with a non-life threating gunshot wound.

McHenry was arrested shortly after the incident.

After trying to escape the interview room, McHenry was tased and sent to Cheyenne Regional Medical Center for treatment. The Sheriff’s office also said he was sent to the hospital as a precaution of any illegal substances he was coming down off of. McHenry was released Tuesday afternoon (May 15).

We are also learning that McHenry was arrested just 3 days before the shooting occurred. He was taken into custody by Cheyenne Police at the Loaf n' Jug near the Big Horn Motel on E. Lincolnway. In that incident, he was charged with Larceny/Shoplifting, Interference with a peace officer and being under the influence of a controlled substance.

According to arresting documents in that incident McHenry is a transient.

In addition, the Laramie County Sheriffs Office has charged him with 2 counts of aggravated burglary, interference with a peace officer, attempted escape and larceny in connection the May 11 incident.

The sheriff’s office says because the investigation isn’t complete McHenry isn’t charged with anything related to the homicide at this time.

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