What should have been the highlight of Michelino Sunseri’s mountain running career has instead become a full-blown legal battle.
The 32-year-old ultrarunner from California is now facing up to six months in federal prison and a $5,000 fine for what many see as a minor infraction: cutting a switchback on a well-traveled trail during a record-setting run up Wyoming’s Grand Teton.
On Sept. 2, 2024, Sunseri completed a 13.2-mile round trip from the trailhead to the summit and back in 2 hours, 50 minutes, and 50 seconds, a performance that would have set a new Fastest Known Time (FKT) for the iconic mountain.
But just over two weeks later, his accomplishment was thrown out, not because of doping or deception, but because he followed a shortcut trail long used by climbers and runners alike.
That decision, captured on his Strava GPS file, is now at the center of a prosecution that has drawn fire from civil liberties advocates, runners, and even the National Park Service (NPS) itself.
A Shortcut with a Long History
The trail Sunseri used wasn’t some rogue path. It’s a historic climber’s route, used for decades, and reportedly taken by six of the last seven FKT holders.
Sunseri, like many before him, opted to cut a single switchback during his descent. Park officials claim the shortcut violates erosion-control rules in Grand Teton National Park, and they pointed to two small signs, one reading “Shortcutting Causes Erosion” and another “Closed for Regrowth.”
But Sunseri and his legal team argue the signage was unclear and poorly placed, one sign was allegedly hidden in sagebrush, the other tucked behind a pine tree.
He says he was simply following a visible, worn path that appeared open to the public. “There is no clear prohibition there,” said his attorney, Ed Bushnell, during the trial. “This is not conspicuous signage.”
The Government Moves In—Then Backs Out
The case might have ended with a warning or fine. Instead, Sunseri was charged with violating 36 CFR §1.5(f) and 16 USC §551, obscure federal codes that allow criminal penalties for veering off designated trails. The charges carry a potential jail sentence and criminal record, a heavy price for a few seconds shaved off a run.
But in an unexpected twist, the National Park Service itself withdrew its support for the prosecution the day before Sunseri’s trial.
In a May 19 email, NPS Deputy Director Frank Lands wrote that the five-year park ban and fine originally proposed as punishment were “an overcriminalization based on the gravity of the offense.” He added, “We withdraw our support.”
Despite that, the Department of Justice (DOJ) chose to proceed anyway, launching a two-day bench trial in Jackson, Wyoming. Sunseri’s legal team only learned about the NPS’s change of heart after the trial concluded, thanks to a Freedom of Information Act (FOIA) request.
They’re now arguing that the prosecution violated constitutional law, specifically a precedent requiring prosecutors disclose evidence favorable to the defense.
“Had we known,” said Bushnell, “we would have called more witnesses and challenged the entire premise of the prosecution.”
A Broader Battle Over Overcriminalization
Sunseri’s trial comes on the heels of a May 2025 executive order from President Donald Trump that specifically targets “overcriminalization in federal regulations.” The order instructed federal agencies to avoid pursuing criminal charges unless a person knowingly violated a clear rule.
The NPS emails reference meetings held about the order just before the agency pulled its support for prosecuting Sunseri.
Despite that, federal prosecutors continued, offering Sunseri a plea deal with 1,000 hours of community service and a five-year park ban—terms his team called disproportionate. Sunseri countered with a more modest offer: 60 hours of trail maintenance and a ban only from the specific area in question.
That too was rejected.
Critics say the government’s response is excessive. “They sent 20 federal employees to attend a two-day trial over a trail runner’s GPS track,” said Connor Burkesmith, a photographer working on a documentary about the case. “It’s absurd.”
Fallout and a Verdict Still to Come
Sunseri’s FKT submission was formally rejected by FastestKnownTime.com, which has since adopted a strict no-switchback-cutting policy. The North Face, which sponsors Sunseri, removed a congratulatory post after the controversy but hasn’t dropped him.
A Change.org petition launched by supporters has passed 2,000 signatures, with many calling the prosecution a waste of taxpayer dollars and a miscarriage of justice. Others, particularly within environmental circles, argue that rules are rules, and runners, especially elite athletes, should set an example.
As for Sunseri, he’s still waiting on a verdict from U.S. Magistrate Judge Stephanie Hambrick, who conducted the trial without a jury, citing the “petty offense” exception. But many, including legal scholars, argue that such cases deserve jury oversight, especially when they involve possible jail time.
“I’m being prosecuted by the federal government for trail running,” Sunseri told SFGate earlier this year. “I don’t think I’d wish this on my worst enemy.”
If the park can put the effort into creating and posting two separate signs, then surely they would be better served by hanging a single sign (Shortcut permanently closed to prevent erosion damage. Fines and jail time if prosecuted) from a rope stretched across the shortcut entrances. It makes the intent, rule and the consequence clear, and could not be missed at by any user, as they would have to go over or under the sign.
I know ignorance of the law is no excuse, but if if you are going to post a rule sign (especially one with a ridiculously outsized punishment), at least make it obvious and include the relevant information. As for the court case, this whole thing smacks of some puffed up prosecutor trying to make a name for themselves by being bold and unconventional, and has nothing to do with the spirit or intent of the law. A park use ban is silly, but 60 hours of trail maintenance would have helped deal with the problem of erosion, (maybe starting with better signage?) but the public cost of jail time would have paid the salary of a full time park ranger and their vehicle. The prosecutor should be demoted back to whatever constitutes beginner status for not even knowing if you have won your own stupid case, and put on 5 years probation. What a fool.