The case against a man accused of beating up his girlfriend at a Jackson hotel seems headed to trial.

It’s been over a year and a half since police arrested 33-year-old Cody Wagner after they were called to reports of a violent fight.

Wagner claimed police “acted without decency” when they obtained a search warrant for his phone that included conversations with his attorney.

After an Aug. 13 hearing in Teton County District Court, Judge Tim Day decided Wagner had not met his burden on the argument.

“The officer’s testimony affirms that the primary purpose of the search was related to the aggravated assault,” Day wrote in an order. “During that search, officers also looked for evidence that a protection order was violated. As defendant conceded, the affidavit used to support the search warrant is facially valid and there are no cases on point for the issue he raises.”

Officers reportedly found Wagner’s girlfriend covered in blood on Jan. 1, 2018 when they responded to the 49er Inn.

When officers arrived, the victim was outside and said her boyfriend had hit her.

Wagner told police they had argued about her dancing with other men at the bar, so he left without her. He said she attacked him when she returned to the room.

But the victim told the opposite story, saying Wagner assaulted her when she returned to the hotel room.

“She thought she was going to die,” Jackson police Lt. Roger Schultz said at the time. “There was some indication that he may have choked her.”

The victim was hospitalized, and a no-contact order was put in place.

The case has moved slowly through the courts since Wagner’s arraignment in early 2018.

The Driggs, Idaho, man, represented by attorneys Katie Mannen and Tom Fleener, has been preparing his defense.

According to court records, the defense plans to call character witnesses who will testify to “the defendant’s good and peaceful character around women.”

They also plan to call witnesses to discredit the victim, like an acquaintance who “will testify that the victim is an aggressive person who is not trustworthy.”

The prosecution plans to call witnesses who found the victim and heard her screaming for help, along with police and physicians, according to the state’s list of exhibits.

They also plan to present photos of the victim’s injuries, photos of blood in the hotel room, body camera footage, text messages and other exhibits as evidence.

Wagner’s case is scheduled for a pretrial conference Sept. 3 in Teton County District Court.

He’s facing charges of felony aggravated assault and battery and misdemeanor domestic battery.

This article has been changed to reflect the prosecutor's 2018 dismissal of an additional felony strangulation charge. -Eds.

Contact Emily Mieure at 732-7066 or

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