5/28/2004

LANDER -- A Nov. 22, 2002 report of a moose taken illegally spiraled into a case involving two bull moose, two buck mule deer, one black bear and parts of several raptors taken or possessed illegally over a two-year period.  The eight Fremont County residents involved received 16 citations, 10 warnings, $6,410 in fines and restitution and loss of Wyoming hunting and fishing privileges, including a lifetime suspension for the main defendant, Denny D. Nickelson, of Riverton. Nickelson, 54, was charged three counts of knowingly taking antlered or trophy game without a license, the illegal possession of a buck mule deer, waste of a buck mule deer, shooting from a vehicle, shooting from a road and the illegal possession of eagle and raptor parts.  In a plea agreement with the Fremont County Attorney’s Office, one count of knowingly taking antlered moose without a license was amended to a lesser charge of taking a moose without a license, Nickelson pleaded guilty to all charges. Ninth Circuit Court Judge Robert Denhardt accepted the plea agreement and sentenced Nickelson recently. In addition to the lifetime suspension of hunting and fishing privileges, Nickelson was fined $840, ordered to pay $3,500 in restitution to the state of Wyoming for one moose and one black bear. He was also sentenced to a 480-day suspended jail sentence and four years of supervised probation. As a condition of his probation, Judge Denhardt ordered that Nickelson shall also not be in the field and in possession of any firearm during any hunting season while on probation and he shall not accompany anyone who is hunting, including family members. In addition, Nickelson was also sentenced for a separate charge of breech of the peace, was fined $130 and sentenced to 60 days in jail at the Fremont County Jail followed by an intensive alcohol rehabilitation program. Five of the other seven defendants were charged with interference with a peace officer, one for taking an overlimit of deer, one for transferring a hunting license, one for failing to stop at a Game and Fish Department Check Station and all received warnings for being an accessory to the illegal take of one or both of the moose and black bear. Kenneth L. Neeman, 59, of Riverton pleaded guilty to taking an overlimit of deer and Sylvia A. Knapp, 52, also of Riverton, pleaded guilty to transferring a license and both pleaded guilty to interference with a peace officer. They were fined $740 and $640 and each lost their hunting and fishing privileges for three years. The two also are ordered not to be in the field and in possession of any firearm during any hunting season while under suspension and both shall not accompany anyone who is hunting, not even a family member.  Judge Denhardt reminded Knapp that she was prohibited from possessing a firearm due to a previous felony conviction. John E. Allanis, 44, of Riverton, pleaded guilty to failing to stop at a Game and Fish Check Department station and was fined $230. Oliver L. Aragon, 67, of Fort Washakie, Larry R. Anders, 48, of Casper and Albert H. Cross, 61, of Dubois were each fined up to $230 for interference with a peace officer.   “The other defendants played relatively minor roles in assisting with and covering for the poached animals and most eventually helped to get to the truth,” Browning said.   The investigation began with an anonymous report of an illegal moose hanging at Nickelson’s residence to U.S. Fish and Wildlife Service Special Agent Roy Brown of Lander. Brown and Game and Fish Department Wildlife Investigator Scott Browning discovered a moose with no license or tags attached and no record of anyone at the residence with a moose license at Nickelson’s home 5 miles northwest of Morton.  Along with G&F game wardens Brad Gibb and Adam Hymas a search warrant was served Nov. 25, 2003 and the moose was recovered along with some meat removed from the carcass. The officers also discovered another bull moose head, some eagle parts, bear claws and considerable deer hair. Nickelson claimed a friend, Oliver Aragon, told him about a bull moose, freshly dead of no known cause, by the Wind River behind Nickelson’s house in November 2002.  Nickelson said that he then recovered the animal so that it would not go to waste.  Darcey K. Nickelson, Denny’s wife, assisted with the moose, and was later caught with moose blood on her clothes. Mrs. Nickelson denied that the moose was found by Aragon and provided a different account of events and of her own involvement.  Additional interviews revealed Nickelson had concocted this story for Aragon to tell to the officers. The head of this moose was located several months later at the house of a close friend of Nickelson’s on the Wind River Indian Reservation with a tribal search warrant and the assistance of the Wind River Tribal Fish and Game Department’s game warden John St. Clair. The bull moose head that was discovered in the initial search warrant of Nickeslon’s house was later discovered to have been poached by Nickelson in Moccasin Basin, northwest of Dubois in October 2001. Nickelson, who purports to be an oilfield worker, initially said that a friend, name unknown, had given him only the moose head.  Eventually the story came out from witnesses, and Nickelson himself, that he and his friends had been hunting elk and also drinking alcohol when they saw the bull moose. Nickelson shot the bull, without a license, out of the pickup and from the U.S. Forest Service Road. The meat was divided up between the participants. DNA analysis showed that meat located in Nickelson’s freezer matched the moose head located in the search warrant. Tufts of bear hair found in a field near Nickelson’s house eventually led Browning to learn that Nickelson shot a small black bear near his residence – an area closed to bear hunting -- and without a license in September 2001.   A deer head and spine found near Nickelson’s house matched blood that was found underneath the moose blood in the shed. Nickelson claimed that he did not know who hung the deer in his shed located next to his house and that cats ate the entire carcass and that is why he discarded the head and spine.  “I had to keep returning to the Nickelson residence because every time I would locate evidence of one animal I would find new evidence of another illegal animal: a deer head and spine, tufts of bear hair, deer hair and blood, mystery meat packages,” Browning said. “Every time I would talk to someone about the case I would learn a little more about something else taken illegally. For awhile, I didn’t know where it was going to end.” With the help of Fremont County Sheriff’s Deputy Fred Weber and G&F Game Warden Chris Daubin two additional searches of Nickelson’s property – one by consent on his shed and with a search warrant on his house -- revealed even more evidence.   The DNA tests conducted by the G&F Laboratory in Laramie were critical to the success of the case, Browning said.  The lab compared blood, meat, hair and claw samples to determine the number, species, sex and even individual animals present in the considerable evidence submitted in the case. “This information was critical in confirming what violations had occurred and also helped in verifying and refuting what the defendant and witnesses were telling me,” Browning said.  This case had incredible cooperation from many people and agencies including the Wind River Indian Reservation Tribal Fish and Game Department, Fremont County Sheriff’s Office and the Wyoming Highway Patrol.  “The Tribal Fish and Game and the Tribal Court were critical to the success of the case,” Browning said. “Tribal Game Wardens Supervisor Ben Warren authorized personnel to assist and Wardens Dale Hereford and John St. Clair were very helpful with interviews of tribal members and retrieving evidence that had been transported to the reservation”.  Browning also praised the prosecution efforts of Fremont County Chief Deputy Attorney Ed Newell and Judge Denhardt. “Mr. Newell knows the value of wildlife and worked to get a firm, yet fair sentencing based upon the circumstances of the case and the defendant,” Browning said. “In Judge Denhardt’s court you know that he has an interest in wildlife, that he takes the time to understand wildlife issues, and that he takes wildlife cases seriously.”

7/16/2004 JACKSON – Information supplied by a retired New Mexico game warden has led to two federal felony convictions for transporting illegally taken game across state lines against a former Jackson-area outfitter.  Joseph O. Dowdy, the manager and outfitter for the Heart Six Ranch near Moran Junction from 1998-2000, was sentenced June 23 by U.S. District Court Judge Clarence Brimmer to 14 months in a federal penitentiary, fined $8,000 and ordered to pay $200 to a victim’s compensation fund.  

In a Feb. 23-26 trial in U.S. District Court in Cheyenne, a jury found Dowdy, 54, guilty on two of three felony counts of violating the Lacey Act by transporting illegally taken game across state lines.  The charges stemmed from Dowdy misleading three clients in 1999 into believing they had obtained unconventional elk licenses and those clients harvesting elk. The case started when the retired game warden, who was working as a wrangler for the Heart Six Ranch, overheard conversations of illegal activity. He passed the information on to a New Mexico wildlife investigator who in turn alerted Wyoming authorities.  The ensuing investigation revealed two of Dowdy’s clients applied for elk and deer licenses in 1999, but only drew deer. The clients claimed Dowdy then asked if they’d be interested in governor’s or commissioner’s elk licenses. The clients said Dowdy contacted them through the spring and summer of 1999 saying he had obtained elk licenses.  After harvesting elk – a spike and small branch-antlered bull Sept. 10 and 12 at the Heart Six Ranch hunting camp on the Yellowstone River near the southeast corner of Yellowstone National Park – the hunters claimed Dowdy said he had the licenses and “would take care of everything.” The hunters, who paid $5,000 each for the hunt, never saw any elk licenses and no commissioner’s or governor’s licenses were purchased by Dowdy.

The mounted heads were shipped to the hunters in Georgia and Dowdy personally delivered some elk meat to the men in December 1999.  Another hunter, Brian P. Harris of Baton Rouge, La. -- the owner of the Heart Six Ranch – reported the same circumstances surrounding the 6-point bull he harvested on Sept. 29, 1999. After shooting the elk, he contended Dowdy said he had a “special license” in his pocket and “I’ll take care of it.” U.S. Fish and Wildlife Service agents in Georgia and Louisiana were summoned to help collect evidence. The investigation was put on hold following the Sept. 11, 2001 terrorist attack due to federal wildlife agents being reassigned to airline security.  The hunters were charged with one misdemeanor count of the Lacey Act for transporting illegally taken big game across state lines. In a plea agreement reached Oct. 9, 2003, Everett C. Klugar, 49, of Social Circle, Ga. and Robert F. Jones, 59, of Cumming, Ga. were fined $1,250, assessed $4,000 in restitution and agreed to testify against Dowdy.  Harris, 64, accepted the same sentence in a plea agreement reached Feb. 23, 2004.

(Evanston)--Preachers and poaching companions Earl E. Jenkins and William G. Phillips are doing a lot of praying for forgiveness these days. But forgiveness won't come cheap for these two poachers. Phillips, age 52, of West Jordan, Utah pleaded guilty to trespassing to hunt, failure to tag a big game animal and accessory to taking an antlered deer without a license. Phillips was put on probation for five years with a deferred prosecution. Terms of his probation include: $340 fines, $5,000 restitution to the G&F, he cannot hunt in Wyoming, Idaho, Utah, Montana or Colorado for 5 years and he must forfeit a 7mm rifle. Earl Jenkins, age 50, of Buhl, Idaho pleaded guilty to trespass to hunt, wanton destruction of a big game animal, two counts of taking a deer without a license, and taking and antlered deer without a license. Jenkins' hunting privileges have been revoked in all Wildlife Violator Compact states for 15 years. Jenkins was ordered to pay $11, $670 in fines and restitution. Additionally, Jenkins will be on probation for 3 ½ years and forfeit the .25-06 rifle used in the commission of these wildlife crimes.

(Lander)--Tim Doud of Bliss Creek Outfitters was fined $100 after pleading guilty to illegally baiting wildlife with salt. Doud was charged with violating the terms and conditions of his special use permit with the Shoshone National Forest when he placed salt in Bliss Creek Meadows and set up a hunting blind 50 feet away, according to Law Enforcement Officer Ron Ostrom. The blind and bait were set up about three miles from the outfitter's hunting camp last fall. Doud recently appeared before U.S. Magistrate Richard Gist in Lander, who levied the fine. Ostrom said Doud also faces charges by the Wyoming Game and Fish Department.

Two men have been sentenced in connection with a poaching incident last fall in Yellowstone National Park. A release said 29-year-old Jason Christofferson of Ralston and 34-year-old Dustin Creed of Cody were convicted on three counts of violating the Lacey Act and one count of using a weapon in a national park for illegally shooting and killing three bull elk. Both men were ordered to pay $9,000 in restitution, serve three years probation and were banned from the park for three years. The two were also barred from obtaining hunting and fishing licenses for two years. U.S. Magistrate Judge Stephen E. Cole suspended 180-day jail sentences. (Edit. Too bad the judge suspended the jail time).

CASPER...  Judging from their mobile freezer, a couple of Southerners expected to haul an impressive load of game home with them. Instead, thanks to an anonymous tip, they were hauled to jail and paid an impressive price for poaching.
     John Quincy Adams, 46, of Waverly, Georgia and Nathan J Adams, 34, of Smithfield, Kentucky plead guilty to taking deer, antelope, and a bobcat out of season on a ranch north of Powder River in early October.  They were ordered to pay a total of $10,000 in fines and lost their hunting and fishing privileges for 5 years.  In addition, they forfeited their game meat, their Weatherby rifles, and the contents of their covered trailer, including a freezer.
     "Don't be afraid to get involved," said Dave Avey, Casper-West Game Warden. "As this cases shows, small things can turn into big things. One anonymous tip about some suspicious deer hunters lead to an absolutely illegal poaching operation."
      John Adams was cited with knowingly taking an antlered mule deer buck on an improper license and during a closed season and knowingly taking a horned antelope buck on an improper license and during a closed season.
     Nathan Adams was cited with knowingly taking a horned antelope buck on an improper license and during a closed season, plus taking a bobcat out of season.
     The severity of the fines and forfeitures proves Natrona county takes wildlife crimes seriously. The Wyoming Highway Patrol and the Natrona County Sheriff's office assisted the Wyoming Game & Fish Department with this case.
     Concerned citizens can also help the Wyoming Game & Fish Department protect their wildlife by calling the STOP POACHING hotline at 1-800-442-4331 if they hear or see suspicious behavior.

            Mickey Gordon Wolf, 26, was indicted by a federal grand jury in Cheyenne May 20, 2003. The jury returned an indictment on four counts for felony sale of migratory birds and one misdemeanor count for illegally possessing and transporting migratory birds.
Evidence also indicated that Wolf, a Northern Cheyenne Indian, possessed and transported three bald eagles, one golden eagle and two rough-legged hawks from Montana into Wyoming. The U.S. Fish and Wildlife Forensics Lab in Ashland, Ore. determined high velocity rifle shots killed all of the birds.
A search warrant was served by Game and Fish Department enforcement officers on Wolf’s residence.  The officers seized parts from eagles, hawks and other protected birds. Investigation revealed Wolf was manufacturing Indian crafts using the parts of protected birds and selling the products to Sheridan area stores.   
Following the indictment in May, a federal arrest warrant was issued for Wolf, who had escaped from a state minimum-security facility where he was being held on separate charges. Wolf was apprehended and pleaded guilty to one felony count of the Migratory Bird Treaty Act and was sentenced to 15 months incarceration in a federal penitentiary.
The plea agreement was signed July 9, 2003 in U.S. District Court in Cheyenne. Wolf was also ordered to pay $1,350 in restitution and $100 in special assessments. Several area businesses that sold Wolf’s crafts were cited under federal misdemeanor regulations and fined $250 each. 
Osterland investigated the state portion of the case. “Among some of the items seized from Wolf’s residence were eagle and hawk talons, eagle and hawk wings and many feathers from protected birds,” he said. “One box alone contained 44 eagle tail feathers.” Osterland added that Wolf was not making these Indian craft items for use in Indian religious ceremonies, which can be permitted under federal guidelines. “The items were manufactured to sell for Wolf’s own monetary gain,” he said. “Fortunately it appeared that this business venture was in its infancy.” 
Osterland also cited U.S. Fish and Wildlife Special Agent Roy Brown of Lander and Assistant U.S. Attorney Lisa Leschuck for their assistance in the investigation. “Cooperation between law enforcement agencies is a key, along with concerned citizens and outdoor enthusiasts reporting violations, suspicious activity and possible violations,” Osterland said. “These reports can stop poachers and those
taking advantage of the resources we strive to protect.”    

(JACKSON)---One felony and 11 misdemeanor charges have been filed against a Jackson man for allegedly killing 11 elk Nov. 24, 2003 in the Gros Ventre River drainage northeast of Jackson. Elliot Hudson, 20, could serve up to 21 years in prison and jail if given the maximum combined sentence for the 12 charges. On Nov. 24th, a nearby witness heard several rifle shots and saw 13 elk running from an area where he had seen a dark green Jeep Cherokee. The incident was reported to G&F officials who found Hudson and his Jeep Cherokee at the scene. Jackson Game Warden Bill Long found several .223 caliber shells on the ground and 11 dead elk. Hudson told Scott Terry, Jackson Police Officer, he had no guns, but agreed to a vehicle search. Terry found a .223 semi-automatic rifle and a .30-06 rifle. Hudson is being charged with felony property destruction for allegedly killing the elk, valued at $6,000 each. The property destruction charge carries a maximum sentence of 10 years in prison and a $10,000 fine. Hudson also faces nine misdemeanor charges of "wanton destruction of a big game animal and two misdemeanor charges of "taking certain big game animals during a closed season". Each charge carries a maximum one-year jail sentence.

(Cheyenne)--Although it doesn't happen often enough, fate put Game Warden Jason Sherwood in the right place at the right time Nov. 1. The result of Sherwood's -- and the state's -- good fortune was Clinton Lee Busenitz of Hulett pleading guilty to wanton destruction of a deer, taking a deer without a license, shooting from a public road and trespass in Crook County Circuit Court Nov. 18. Judge Fred Dollison sentenced Busenitz to 30 days in jail with 28 days suspended, $1,360 in fines, $60 jail fees and $1,000 restitution. In addition, Busenitz, 19, had his hunting privileges suspended through 2010 and his rifle held by the court pending forfeiture proceedings. Sherwood was watching a small herd of mule deer late that afternoon on the Little Missouri Road northwest of Hulett. He saw a pickup speeding up the road. As the vehicle slowed to make a sharp corner, Sherwood noticed a rifle barrel protrude from the window and the occupant shoot several times. Sherwood said a doe dropped as the pickup sped away. The officer pursued the pickup and pulled it over.

Federal authorities say that two Powell men will likely be charged with poaching elk within the boundaries of Yellowstone National Park. The men were to make their initial appearances before U-S Magistrate Stephen Cole in Mammoth Hot Springs last week, but scheduling conflicts on the part of the prosecutor forced a delay of a couple weeks. The alleged poaching took place near Frost Lake, which is about ten miles north of the east entrance and just inside the Yellowstone boundary. Special Investigator Chris Fors declined to reveal any names but he did say that backcountry rangers on patrol heard the gunshots, which initiated the investigation. Fors alleges that the two suspects left the downed elk and were riding out of the park when they were apprehended by authorities. He says hunting gear and pack animals were reportedly confiscated.

10/3/2003

September 2003....Three Dubois men were recently convicted of taking Black bears without a license, taking a Black bear during closed
shooting hours, failing to register the bear kill, taking a black bear using another individuals license and transferring a license to another individual. The investigation began when Bear Management Officer Brian Debolt examined taxidermy records that revealed James Moore, and Albert Helton had submitted two Black bears for taxidermy work in Dubois, WY. However neither bear had been submitted for examination and reporting as required by Commission regulation. Along with Wildlife Investigator, Scott Browning, Debolt interviewed three suspects and also former employees of the Crooked Creek Guest Ranch it was determined that both bears had been taken illegally.
Two bears were shot by Moore and another man, Craig Shelton, while getting garbage from an unsecured dumpster at the ranch. The men waited in the kitchen until the bears came in late at night. The first bear, killed by Moore who did not have a Black bear license at the time, however he tagged it with Helton’s license and took it to town to a taxidermist and purchased his own license. A few days later Shelton shot another bear in the same manner and tagged it with Moore’s license. James Moore, Craig Shelton, and Albert Helton all pled guilty to various offenses in the case.  Ninth Circuit court Judge Robert Denhardt accepted the guilty pleas and sentenced the men on August 19, 2003. Moore was convicted of taking a black bear without a license, taking a black bear during closed shooting hours, failing to register the bear kill, taking a black bear using another individuals license, and transferring his license to another individual.  Moore was fined $1,600, plus $30 court costs, ordered to pay $5,000 in restitution for the bear, and $341 for an outstanding taxidermy bill.  Moore lost his hunting and trapping privileges for 6 full years and also received two and a half years of probation, during this time he is prohibited from being a field while in possession of any firearm during any hunting season.  Moore cannot accompany anyone who is hunting, even a family member.  He cannot possess a firearm or be in the company of a person in possession of a firearm under circumstances, which could lead a reasonable person to believe he is hunting, or the person he is with could be hunting.  Moore is required to complete a hunter safety course by August 19, 2004. Shelton was convicted of taking a black bear without a license, taking a black bear during closed shooting hours, and taking a black bear using another individuals license.  Judge Denhardt fined Shelton $1200 plus $30 court costs, ordered him to pay $5,000 in restitution for the black bear, and $800 to the person he sold the bear rug to (the rug was confiscated during the investigation).  Shelton also lost his hunting and trapping privileges for 6 full years and received one and a half years probation.  During this time he is subject to the same prohibitions as Moore.  Shelton is also required to complete a hunter safety course by August 19, 2004. Helton was convicted of transferring his license to another individual and failing to register the bear kill.  Judge Denhardt fined Helton $500 plus $30 court costs.  Helton lost his hunting and trapping privileges for 2 years and is also required to complete a hunter safety course by August 19, 2004. Judge Denhardt also ordered that the three men lose their privilege to apply for or buy preference points for bighorn sheep, moose, and mountain goat in Wyoming.  The men’s probations also subject them to abiding by all wildlife laws within the 18 Wildlife Violator Compact States. Judge Denhardt’s sentence portrays a clear message that hunting in Wyoming is a privilege, not a right, and if you abuse that privilege, it will be taken from you. Moore said they wanted a bear to mount for the lodge.  After almost $15,000 in fines, probation, loss of hunting privileges, and a criminal record, there is still no bear to mount for the lodge.  Both bears will be donated for educational or scientific purposes.  Officer DeBolt said “There is a variety of legal options available to people to alleviate nuisance black bear problems, including help from the Wyoming Game & Fish Department.  Unfortunately, these three individuals went out of their way, and made a substantial effort to kill these bears illegally.”  DeBolt also noted that the $5,000 restitution values imposed for each of the black bears by Judge Denhardt reflect the monetary and charismatic value that bears have in Wyoming.  “Not only did the illegal taking of these bears result in lost revenue to the State, but it also took away the opportunity for a hunter to legally harvest a trophy animal” said DeBolt.
Thanks to Brad Meyer from the Lander Game and Fish Office for the info!