WRIGHT STUDENTS SENTENCED IN ANTELOPE/DEER SHOOTING SPREE

GILLETTE - Four high school students and a college student from Wright were recently convicted and sentenced for their involvement in two separate poaching sprees.

Travis A. Belt, 18, and a 17-year-old juvenile were convicted April 6 of two counts of wanton destruction of a big game animal and shooting from a vehicle. They were sentenced by Campbell County Circuit Court Judge Terrill Tharp to $1,090 in fines, 45 days in jail with all but 2 days suspended, 6 months probation and revocation of hunting privileges for 6 years.

Dane M. Reid, 19, a student at Black Hills State College in Spearfish, S.D. and Kyle T. Huseth, 18, were convicted of being accessory to both wanton destruction and shooting from a vehicle. Judge Tharp sentenced them each to a $560 fine, 30-day suspended jail sentence, 6 months probation and revocation of hunting privileges for 3 years.

A 16-year-old juvenile was convicted April 14 of one count of wanton destruction of a big game animal and shooting from a vehicle and received the same sentence as Reid and Huseth. His case was handled by Campbell County Circuit Court Judge William Edwards.

The sentences administered by the judges were those recommended by the Campbell County Attorney's Office and the Wyoming Game and Fish Department.

South Gillette Game Warden Aaron Kerr said the case began Feb. 6 with an anonymous call to the Stop Poaching Hotline. "The caller provided detailed information about several deer and antelope that had been shot and left to rot on February 5, 2006," Kerr said. "The caller also provided information about a buck mule deer that had been illegally killed in November."

Acting on this information, Kerr was able to retrieve the 4-by-4 antlers from a buck mule deer, which had been cut off and hidden in the back of a coal haul truck parked in Wright. Kerr and Newcastle Game Warden Dustin Shorma were also able to locate two doe antelope and a doe deer carcass in the field that had been shot.

Kerr, Shorma, North Gillette Game Warden John Lund and Wildlife Investigator Scott Adell conducted interviews of the suspects and were able to piece together further details of the crime, including confirmation of two more antelope and another deer killed in the spree. Kerr said that once contacted, both the young men and their parents cooperated with the investigation. One of the high school students had already confessed to his parents before being contacted by officers.

Based on the investigation, it was found that Belt, Huseth and the 17-year-old juvenile had killed the buck deer in November and taken its antlers. On Feb. 5, Belt, Reid and both juveniles shot and killed several doe deer and antelope from their vehicles while driving on county roads east of Wright. The rifles used by the young men were .243, .223 and .22 caliber and 7.62 millimeter.

"We aren't sure how many animals were actually killed because they were shooting into herds as they saw them," said Kerr. "Unfortunately, this type of activity happens more often that we'd like to think. This time, things worked out because someone came forward and provided critical information that was needed to begin an investigation. Without the help of this informant, these poachers probably may not have been caught."

This case was similar to a crime incident that took place north of Gillette near the Powder River last fall, where several Campbell County High School students shot multiple deer and left them to waste. These deer were shot with .22 caliber rifles, at night, after the season had closed. Sentences in this case were similar to the Wright case.

"These were both very disturbing cases, and have outraged local residents, especially hunters and landowners," said Lund, who led the investigation of that case. "With the combination of suspended hunting privileges, fines, jail and probation, I am cautiously optimistic that these kids learned something, and will have a little more respect for wildlife in the future."

THANKSGIVING INVESTIGATIONS AND ARRESTS YIELD SPRINGTIME CONVICTIONS IN PINEDALE

PINEDALE - Pinedale game wardens spent much of the Thanksgiving weekend investigating two multiple deer poaching cases and gave thanks in March and April to convictions received by two violators.

For a nighttime poaching spree Nov. 26-27 near Boulder claiming four mule deer bucks, Michael Benjamin Acuna, was assessed $17,000 in fines and restitution - plus sentenced to 2-3 years in the Wyoming State Penitentiary for being a felon in possession of a firearm when committing the crimes.

Acuna, 37, was convicted of one count of the "winter range statute" for taking an antlered deer out of season, two counts of wanton destruction of deer, one count of taking a deer out of season and one count of using artificial light to take a deer. He was also sentenced to 2.5 years in the Sublette County Jail to run concurrently with his prison term and had his hunting, fishing and trapping privileges revoked for 20 years.

During sentencing March 23, Sublette County Circuit Judge John Crow said the fines and restitution would be waved if a $5,500 donation to the Wyoming Wildlife Protector's Association - administrator of the Stop Poaching Program - was made before the defendant's future parole was ended.

District Court Judge Norman Young sentenced Acuna to the prison term for the felony charge on April 6.

Game wardens were first alerted to the Acuna case at 4 a.m. Nov. 27 while keeping the apartment of a suspect in another case under surveillance. The sheriff's office was looking for a man who had trespassed into a Pinedale residence to sleep on a couch. The Wyoming Highway Patrol later located the suspect at a convenience store and notified the Game and Fish Department of a buck mule deer in the back of his truck. The suspect, Michael Acuna, was booked into the Sublette County Jail for being a felon in possession of a firearm and the out-of-season deer.

Around 3 p.m. Game Warden Herb Haley obtained a search warrant and inspected the truck. Acuna claimed the deer - although a mule deer - was shot in the Sheridan area where the whitetail season was still open. When confronted with receipts found in the vehicle that tied him to Pinedale for the last 24 hours, Acuna claimed the deer was then shot near South Pass, where the season was also closed.

A call received earlier that morning reporting two dead buck mule deer in the Burnt Lake area shed some light on Acuna's South Pass alibi, but raised another question. Off-road tire tracks crisscrossing the sagebrush terrain at the scene matched the tread on Acuna's vehicle, but a deer hide and gut pile found there were not from the deer in Acuna's truck. In subsequent interviews, Acuna admitted to killing the Burnt Lake deer including another buck, which he field-dressed and skinned, before traveling about 6 miles to the Mesa area. During his travels, he encountered another bigger buck - with approximately 24-inch wide and heavier antlers - shot and loaded it, while discarding the skinned carcass from the previous location. Acuna later assisted the investigation by drawing officers a map to find the fourth deer.

Acuna told officers he drove to Pinedale from Jackson the previous day in his girlfriend's pick-up and decided to shoot deer to help vent pent-up rage. The deer were shot in the head or neck from 30-60 yards with a friend's 30.06 rifle.

"The poaching occurred in the middle of a large migration route used by thousands of deer to get to their winter range from the highly coveted Sublette Mule Deer herd," said South Pinedale Game Warden Brian Nesvik. "In the one evening killing spree, in a violent rage and by his own admission heavily intoxicated, this man killed more buck mule deer than many Wyoming sportsman harvest in decades of hunting."

Acuna was held in the Sublette County Jail until his girlfriend posted his $25,000 bond in late December. Following his April 6 district court appearance, Acuna was returned to the penitentiary in Rawlins where he previously served nearly 4 years for aggravated assault.

When the Acuna case unfolded, game wardens Haley, Nesvik and Brad Hovinga of Big Piney were on duty to investigate and arrest suspects in another case of poaching two mule deer. The result of that work were two Pinedale energy field workers being charged for their roles in poaching a buck and a doe Nov. 24 near Boulder and Fremont lakes.

Billy Joe Lyle, 46, was convicted April 6, 2006 of one count of wanton destruction and one count of accessory to taking a deer out of season. Judge Crow fined him $1460 and assessed $1,000 in restitution, revoked his hunting and fishing privileges for 6 years and ordered him to serve 60 days in the Sublette County Jail with all but six days suspended. The $1,000 restitution was waived for a $500 donation to the protector's association.

Raymond G. Herring, 46, was charged with taking a deer out of season and accessory to taking a deer out of season. He left town before entering a plea and forfeited a $500 bond. A warrant has been issued for his arrest. Herring is a white male, 6 foot 1 inch, approximately 240 pounds with brown hair and blue eyes.

"The quick apprehension of these suspects and resolution of both of these cases would not have been possible without the assistance of County Attorney Ralph Boynton over the Thanksgiving weekend," Nesvik said. "He was available when needed during the holiday to offer advice and guidance, including obtaining the search warrant, to help us build solid cases."

An anonymous tip led officers to the pair and searches of Herring's apartment and Lyle's camp trailer yielding packages of venison and bloody butchering equipment. First Lyle and then Herring took officers to the crime scenes where the deer were shot with a .22 caliber rifle. The buck, which Lyle described as "pretty big" was not recovered.

Lyle, who works as a welder, lists his permanent residence as Queen City, Texas. Herring worked as a drill hand and had his truck registered in Hephzibah, Ga.

Anyone spotting Herring or has information about any other wildlife violation, is urged to call the Stop Poaching Hotline at (800) 442-4331. Callers can remain anonymous and are eligible for a cash reward if the information leads to a conviction.

ANONYMOUS TIP LEADS TO CONVICTION IN ALCOVA ANTELOPE POACHING INCIDENT

CASPER - A 32-year-old Alcova man lost his hunting and fishing privileges for two years and was ordered to pay substantial fines in Natrona County Circuit Court after he confessed to killing two antelope out of season in February.

On Feb. 27, Game and Fish Department personnel received a tip about the possible poaching of a mature buck and a yearling doe antelope. The animals were killed in the early evening of Feb. 26. After some meat was removed, the carcasses were dumped along Kortes Road in the town of Alcova.

Information from an anonymous source led Game and Fish law enforcement personnel to suspect Benton S. Bowman. Wildlife Technician Jon Stephens investigated the scene and later secured a warrant to search Bowman's residence for evidence tying him to the crime. Stephens and Investigative Supervisor Mike Ehlebracht contacted Bowman at his residence just as he arrived home on Feb. 27. Bowman, an employee of a Casper transportation company at the time, then confessed to the crime and consented to a search of his home. During the search Game and Fish personnel recovered meat from the pronghorns and the Remington Model 700 .300 Winchester short magnum caliber rifle that was used to kill the antelope.

Stephens said Bowman, who was cooperative with law enforcement personnel, was charged with two counts of taking big game during closed season and two counts of waste of a big game animal. He was sentenced March 10. He was also issued warnings for taking big game from a roadway, hunting big game on private land without permission and failure to produce a hunter education card.

MAGPIES AND SIZE-18 BOOTS LEAD TO WINTER RANGE CONVICTION NEAR CHEYENNE

CHEYENNE - Magpies identified the crime scene and size-18 boot prints identified the suspect in the poaching of a large mule deer buck near the small town of Horse Creek just northwest of Cheyenne Dec. 13.

The large boots were worn by Mark W. Brumley who was sentenced Feb. 14 in Laramie County Circuit Court of violating Wyoming statute 23-3-102(d), commonly known as the "winter range statute," for taking an antlered big game animal out of season. Brumley, a sergeant at F.E. Warren Air Force Base in Cheyenne, was ordered to pay $4,000 in restitution, fined $5,000 with $4,000 suspended, given a 180-day suspended jail sentence and placed on probation for 1 year.

Judge Denise Nau stipulated that during probation, Brumley, 31, cannot use a firearm and is required to make monthly payments to the court to pay the fine and restitution. If the $5,000 is not paid by February 2007, his probation will be extended until the restitution and fine are settled.

Brumley's 7 mm magnum rifle was also confiscated, and the Game and Fish has initiated the permanent forfeiture process for the firearm.

"This case demonstrates that the court system takes the winter range statute very seriously," said Mark Nelson, game warden who investigated the case.

During sentencing Judge Nau said the penalties will hopefully serve as an opportunity for other individuals to take notice and not commit the same crime.

The case started late afternoon Dec. 15 when curious about a concentration of magpies on the Parker Gulch Hunter Management Area near Horse Creek, Nelson discovered a deer gut pile. With the HMA only open for elk and antelope hunting and the deer season closing Nov. 6, Nelson examined the crime scene finding a size-18 boot print and the unique track of the carcass being drug over the snow on a tarp. Next he studied the roster of hunters who had received permission slips for the area and noticed a 6-foot 10-inch hunter named Mark Brumley.

Accompanied by a representative of the Air Force's Office of Special Investigation Dec. 19, Nelson went to Brumley's on-base residence. The suspect was not home, but the officers confirmed the tire tracks at the crime scene matched the tread on Brumley's truck. Brumley was located on base and brought to the OSI office for questioning where he readily admitted to the violation. He told officers he killed the deer near sundown on Dec. 13, dragged it approximately 100 yards for concealment and returned at approximately 4 a.m. the following morning to retrieve the carcass using the tarp so it would not leave a blood trail.

Brumley invited the officers into his garage where they found the heavy-antlered 3-by-3 deer, the tarp used in dragging the deer, Brumley's Ruger bolt action rifle and the boots that made the airman a suspect. Also hanging in the garage was a fork-horn mule deer buck tagged with his Nebraska muzzleloader deer license - but that had not been checked in as required by Nebraska regulation. Brumley said he killed the deer "just across the state line" on Dec. 9. On Dec. 29, he drove to Kimball, Neb. and had the deer officially checked in.

During sentencing, Judge Nau commended Brumley for not leaving the Wyoming deer to waste and his cooperation with officers, and said she took those factors into consideration when constructing his sentence. Prosecutor Mike Crosson requested a $5,000 fine, $4,000 restitution and a 7-year revocation of Wyoming hunting privileges.

"Restitution now goes to Wyoming's access program, which seems particularly appropriate in this case with the violation being committed on a hunter management area," Nelson said.

The deer was confiscated and after testing negative for chronic wasting disease, the meat was donated to needy families. The 26-inch-wide antlers will likely be used for educational purposes.

Brumley, originally from Shepard, Mont., pleaded guilty to the charge in Laramie County Circuit Court on Jan 10. Judge Nau delayed sentencing to Feb. 14 because of the severity of the charge.

Prior to the violation, Brumley had visited the Cheyenne Game and Fish Office several times to discuss Wyoming hunting opportunities.

SEARCH AND RESCUE CALL PROMPTS ROCK SPRINGS MEN TO SEARCH FOR FINE MONEY

PINEDALE * A search and rescue call culminated in a search warrant and two Rock Springs men searching for over $17,000 to pay their fines for a two-county poaching spree this fall.

On Sept. 21, when rescue personnel reached a pick-up truck impaled off-road on rocks in the foothills of the Wind River Mountains east of Boulder, they found an untagged doe mule deer in the truck.

The investigation of what appeared to be a single out-of-season deer then escalated with information from another hunter of a truck matching the description being involved in shooting and leaving a mule deer buck. Upon finally locating the suspects in Rock Springs, the case escalated further when multiple interviews and a search warrant identified seven deer and a buck antelope illegally killed and largely wasted by the men.

The result was Samuel J. Buck and James T. Mason from Rock Springs being recently convicted of multiple wildlife violations in Sublette and Sweetwater counties, including Wyoming statute 23-3-102(d), commonly known as the "winter range statute."

Buck, 34, was convicted in Sublette County of taking a deer out of season, overlimit of deer, transfer of license and failure to tag a deer. Circuit Court Judge John Crow fined him $1,120, suspended his hunting privileges for 5 years and ordered him to serve 180 days in jail with 145 days suspended.

In Sweetwater County, he was convicted under the winter range statute for taking an antlered deer out of season, accessory to taking a buck antelope out of season, wanton destruction of a deer and waste of game meat. Circuit Court Judge E. Victoria Schofield sentenced him to $9,165 in fines and public defender fees, a 6-month suspended jail sentence, 6 months probation and a 3-year suspension of hunting privileges.

An additional count of both taking an antlered deer in a closed season and wanton destruction were dismissed by the judge in a plea agreement.

Mason, 23, was convicted of taking a doe deer out of season, failure to tag a big game animal and using improper ammunition to take big game in Sublette County. His sentence included a $1,090 fine, 5-year suspension of hunting privileges, 30-day jail sentence with 15 days suspended and 18 months probation.

In Sweetwater County, he was convicted under the winter range statute for taking a horned antelope in a closed season, waste of game meat and accessory to taking an antlered deer in a closed area. Mason was fined $6,090, given a 1-year suspended jail sentence and placed on 1 year of probation.

The investigation began Sept. 21 when the duo drove through the Wyoming Game and Fish Department's Scab Creek Elk Feedground off-road onto private land where they impaled the truck on rocks and summoned search and rescue by calling 9-1-1. When the Sublette County Sheriff's Department reached the remote area, deputies discovered the mule deer in the stranded truck and notified the Game and Fish.

Game Warden Herb Haley responded Sept. 22, but was unable to locate the suspects. Buck had been released from the Pinedale Medical Clinic the night before after being treated for a sprained ankle and Buck's girlfriend drove the pair back to Rock Springs. In further investigation, Game Warden Brian Nesvik encountered a friend who had heard from another hunter that occupants of a vehicle matching the stranded truck shot and left a mule deer buck Sept. 17.

Neither of the suspects had a published residence and officers were unable to locate the men until notified by the Rock Springs Police Department Oct. 1 that Buck was in custody on an unrelated destruction of property felony charge. Due to the demands of many big game seasons opening Oct. 1 in the Pinedale area, the game wardens began interviewing Buck at the Rock Springs jail Oct. 3. Buck told the game wardens where to locate Mason, and Mason along with Buck's girlfriend and an acquaintance of the men were brought to the jail for interviews.

A total of 15 hours of interviews confirmed the Boulder-area report of the men shooting and abandoning a buck deer. Officers also discovered the Rock Springs duo had killed a third deer near Boulder, which was traded to an energy field worker for camping equipment, and had illegally killed four deer and a buck antelope south of Rock Springs in early September.

The Rock Springs Police Department temporarily released Buck to the custody of the game wardens for Buck to escort the officers south of Rock Springs and show them two deer he and Mason shot and left in early September.

All four Sweetwater county deer * three bucks and one doe * were shot in hunt area 102, which had the difficult drawing odds in 2005 of 10 percent for residents and 4.5 percent for nonresidents. Buck and Mason said all the deer and antelope were killed in one outing near sunset. They left the animals in the field and returned at night to transport one deer and an antelope back to Rock Springs.

Buck and Mason described the antelope, taken in hunt area 59, as a "big buck." In 2005, residents hunters had a 32.7 percent chance of drawing antelope area 59 and nonresidents 10.9 percent.

"The cooperation of the Rock Springs detectives was tremendous and was vital in piecing this serious case together," Nesvik said.

With information from the interviews and Buck's onsite tour, officers obtained and served a search warrant Oct. 4 at the house where Buck, his girlfriend and Mason lived. With help from the detectives and Rock Springs Game Warden Dave Hays, they discovered the men hung deer and antelope carcasses in the basement before partially butchering the animals. The camping equipment that Buck received in trade from an energy field worker in Pinedale for the third Sublette County deer was recovered. The officers also discovered a 3-by-3 buck mule deer head hidden in a crawlspace and Mason's 30.06 rifle. Trading the deer resulted in Buck's transfer of license charge.

When asked why he committed the violations, Buck said he needed the meat to feed his family. The girlfriend told officers a deer and antelope carcass hung in the basement for two weeks.

"This case is a classic example of the importance of reporting a violation, even though only one animal was involved," Nesvik said. "What started with just one animal quickly unfolded into multiple animals, which is not unusual in poaching cases."

Full-metal-jacket, military-type ammunition was found in the truck and the men admitted to shooting deer with the cartridges, which resulted in the charge of improper ammunition. Wyoming regulation requires big and trophy game hunters to use soft and expanding point bullets. The truck remains stranded in the rocks near Boulder. Federal charges are also pending on Buck for being a felon in possession of a firearm.

Buck and Mason claimed to be Rock Springs residents off and on for approximately the last 20 years. At the time they were charged, Buck was unemployed and Mason worked in an automotive repair shop.

Anyone with information about a wildlife violation, even if it is secondhand, is urged to call the "Stop Poaching" hotline at (800) 442-4331. Callers can remain anonymous and are eligible for a cash reward if the information leads to a conviction.

POACHING ACTIVITY INCREASING NEAR OIL AND GAS DRILLING SITES IN SW WYOMING

ROCK SPRINGS - Investigators with the Wyoming Game and Fish Department have been involved with three major poaching cases near energy drilling locations in southwest Wyoming in less than a year.

In October, wildlife officers discovered multiple game violations near Pine Mountain southwest of Rock Springs at a coal bed methane drilling location operated by El Paso Corporation, with Ensign as the contracted drilling company. In February, three men were investigated for poaching at Rig 180 operated by BP/Amoco and H&P Drilling Company on Delaney Rim in Sweetwater County.
Rock Springs Game Warden Dave Hays says the El Paso case is complex and would have gone unnoticed had he not been contacted by an anonymous caller. And in December 2004, a Colorado man who identified himself as an energy drill site worker in the Baggs area was also investigated for poaching.

"This was no easy investigation. There were multiple big game animals and game birds, numerous suspects and no one at the drilling location willing to come forward with any information to explain how they got there," Hays said. "A search of the drilling site and surrounding area revealed one 2-by-2 buck mule deer head and four buck antelope heads, one buried fawn antelope and three sage grouse carcasses."

After many interviews and phone calls, the primary suspect is Ivan "Rooster" Gross, 23, of Steinbach, Manitoba, working for Ensign US Drilling as a driller.

A .17 HMR caliber rifle was identified as the weapon used by Gross to kill the deer and antelope was tracked to a co-worker's personal vehicle at the drill site.

According to El Paso Corporation representative Donnie Trimble, company policies strictly prohibit firearms on any location operated by El Paso Corporation. She added the policy also applies to the employees of all sub-contractors associated with the drilling operation.

Officers determined that Ensign employees used a backhoe to dig a hole to bury a whole fawn antelope carcass. It could not be determined if the fawn had been shot or deliberately run down with a vehicle. No one at the location claimed any knowledge about the fawn or who was involved with the excavation.

Interviewed by telephone from his home in Manitoba, Gross admitted killing one buck mule deer, one buck antelope and driving over and killing four sage grouse. These incidents occurred in an Ensign truck, during work hours, on the way to the rig site and in close proximity to the site. Gross skinned and butchered the antelope and deer carcasses at the rig site and most of the meat was cooked and eaten in the crew trailer.

After being confronted with possible penalties and consulting with his attorney, Gross indicated he has no plans on ever returning to the United States to work or face the pending charges against him.

Charges pending against Gross include: Taking antlered or horned wildlife without a license, taking big game with illegal caliber weapon, shooting from a public road, shooting from a vehicle and waste of edible portions. If convicted, Gross could face fines and restitution approaching $30,000, loss of hunting privileges for many years and jail time up to three years.

Hays issued citations to Ensign employees Rafael Arce, 26, of Denver, and James C. Ewbank, 24, of Morris, Manitoba, for possession and transporting wildlife parts (antelope heads) without Interstate Game Tags. Both men claimed that they had cut the heads off of two road-killed antelope. Both paid their fine and forfeited bond of $110 each and had the antelope heads confiscated.

In the Rig 180 case south of Wamsutter, Wesley Wayne Ramzinski, 27, of Austin, Texas, and Randall Eugene Murray, 47, of Riverton were convicted of poaching an antelope and a mule deer. Charges are pending against Jeffrey Joseph Bump, 41, of Sacramento, Calif. for taking a buck antelope out of season.

Ramzinski, drilling supervisor with H&P Drilling, and Murray, a deck hand for H&P, went hunting for "anything" in late December 2004 between Baggs and Creston Junction. With Murray driving, Ramzinski used Murray' s .22 caliber rifle and shot a three-point buck mule deer. In another incident, Ramzinski shot a doe antelope in the Latham Draw Area with a .22 caliber rifle. The two men transported the deer and antelope back to the rig site at Latham Draw, where they stored the meat in a freezer.

In a separate incident, Bump, also a driller with H&P, shot a buck antelope with a .22 caliber rifle also belonging to Murray. Bump loaded the antelope into his company vehicle and brought it back to the rig site, where he skinned the animal and put the meat in the freezer.

Bump fled to California and an arrest warrant has been issued.

Murray was fined $8,060 and had his hunting privileges revoked for 10 years. Ramzinski was fined $2,390 and also had his hunting privileges revoked for 10 years. Together, Murray and Ramzinski will pay $10,000 in restitution.

In the third incident, Gregory Dean Martinez, 46, of Craig, Colo. was investigated for poaching a four-point buck mule deer off Wyoming Highway 789 north of Baggs. Although Martinez slit the throat and partially gutted the deer, he claims he did not shoot the deer. Martinez, who identified himself as an energy drill site worker, was never convicted or prosecuted for the wildlife violation because the Bureau of Alcohol, Tobacco and Firearms arrested him first on a previous federal offense.

There is an increasing amount of drilling going on in southwest Wyoming, and these are the only poaching cases the Game and Fish has detected to date. These workers have a lot of time on their hands during the rigging down process. These incidents are occurring in remote places, within a work culture of rig workers who are reluctant to talk about any illegal activities. Game and Fish officers hope that when people find out their highly valued wildlife is being poached, they will get more involved and report poachers.

TEXAS ATTORNEY SENTENCED FOR LICENSE FRAUD

GILLETTE - Add a deer hunting Texas attorney to the list of criminals with an "aka" or "also known as" following their name.

Dale O. O'Neal, Jr. of Ft. Worth, also known as Dave O'Neal and Jack Kemp in Wyoming's big game license draw system, often applied for and received nonresident deer licenses under all three names over the last decade.

After receiving a tip from a landowner, wildlife officers investigated the case resulting in O'Neal pleading guilty to his role in submitting false hunting applications and using the licenses to take or aid in taking overlimits of deer.

O'Neal, 48, had his Wyoming hunting and fishing licenses revoked for life and was ordered to pay $6,070 in fines and restitution. He was recently sentenced by Campbell County Circuit Court Judge William S. Edwards.

In the plea agreement with the Campbell County Attorney's Office, O'Neal pleaded guilty to three counts of overlimit of deer and one count of aiding in taking an overlimit of deer.

O'Neal was originally charged with felony fraud charges related to the submission of documents to a taxidermist following his harvesting of a deer. Following a preliminary hearing, that judge dismissed the felony charge. Subsequently, O'Neal entered a guilty plea to his remaining charges and convictions were entered for those offenses. The sentence imposed by the court required, among other things, that O'Neal make restitution for his illegal conduct.

Although O'Neal, a family law attorney in Ft. Worth, had been under suspicion for several years, the case intensified in October 2003. O'Neal informed the owner of the ranch northwest of Gillette that only his nephew drew a license, so there would only be one hunter in the party. But while hunting on a portion of the ranch where he was not authorized to be, a ranch hand observed O'Neal shooting a deer and later taking it to a Gillette taxidermist.

Curious about O'Neal's actions conflicting with his statements, the ranch owner inquired with the taxidermist. The taxidermist had no record of a Dale O'Neal dropping a deer off but did receive a 5-by-5 buck from a man who identified himself as "Jack Kemp" and matched O'Neal's description.

The landowner alerted Game and Fish Department officers who proceeded to investigate the case over the next year.

The investigation revealed O'Neal applied for deer licenses under bogus names nine years in the past and again in 2003 and 2004. On the applications, O'Neal used the same address for all names and social security numbers of individuals unlikely to apply for Wyoming hunting licenses on the fraudulent applications.

When O'Neal arrived in Gillette Oct. 1, 2004, he was promptly arrested by the Game and Fish and the Campbell County Sheriff's Department. He served one night in the Campbell County Detention Facility, posted bond, hired a Gillette attorney and negotiated the charges until a plea agreement was reached July 25, 2005.

"License fraud is one of the most prevalent crimes being committed against wildlife," said Scott Adell, Game and Fish investigator who led the case. "We will continue to diligently check license records and will prosecute violators who exploit the system while responsible hunters and anglers do everything correct."

When asked why he submitted fraudulent big game applications, O'Neal told officers he was "just being funny," and he wanted to make sure whomever he brought to Wyoming to hunt would have a license.

Almost every year Region C licenses are leftover after the drawing and are available for purchase through the season from the Game and Fish.

Adell said the investigation suggested O'Neal would use the extra fraudulent licenses to take overlimits. The investigation also suggested he would sometimes take a friend or relative hunting and pay the landowner a trespass fee for just one hunter, and then also shoot a deer himself

The same landowner who provided the information in October 2003 that broke the case, first reported possible violations to the Game and Fish in 1996. That information proved inconclusive at the time but aided the 2003-04 investigation.

Adell said the skillful prosecution by Bill Edelman, assistant Campbell County attorney, was vital in obtaining the conviction.

Adell urges anyone with information about license fraud or any other wildlife crime to report it to the Stop Poaching Hotline at (800) 442-4331. Callers can remain anonymous and are eligible for a cash reward if the information leads to a conviction.

DNA TEST AIDS IN CONVICTION OF ROCK SPRINGS POACHER

ROCK SPRINGS -- Thanks to persistence, old-fashioned investigative work, conscientious witnesses and high-tech DNA testing, a Rock Springs man has faced the consequences for poaching a buck mule deer and conducting an elaborate ruse on where it was killed.
Dustin W. Moses, 24, appeared in front of Circuit Court Judge Victoria Schofield on July 27 and was sentenced to a $10,000 fine, $30 court costs, a suspended 180-day jail sentence, $4,000 restitution to the Wyoming Game and Fish Department and a five-year suspension of his hunting privileges.
Game Warden Brian Baker says his efforts to bring Moses to justice began in October 2003.
"I received a report on October 6 that an individual had killed a buck mule deer in the Elk Butte area of deer Hunt Area (HA) 102 south of Rock Springs," says Baker. "Hunt area 102 is a limited quota hunting area and anyone who killed a deer in that area is required to have a limited quota permit. In addition, that hunt area did not open until October 15."
Baker says witnesses were able to take down the license plate and vehicle description of a vehicle leaving the area at a high rate of speed and also recognized the two men in the vehicle. The witnesses were able to help Baker backtrack the suspect's tire tracks to a location in HA 102, where residents only had an 11 percent chance of drawing a deer license in 2004.
"We found the site where a buck deer had been killed underneath a juniper tree. We were able to locate footprints, a blood trail, tissue samples from a poached deer and drag marks," says Baker. "The site was strange in that a deer obviously had died there, but there was no gut pile. I took photographs of the crime scene, collected biological samples and took GPS coordinates where the evidence was located. The next step was to interview the suspect.
"Moses denied that he killed a deer in HA 102 and insisted he killed a deer in HA 131, a general hunt area north of Rock Springs. So, I asked him to take me to the site where he killed 'his' deer in HA 131."
Moses, who works at a Rock Springs auto dealership, took Baker to a gut pile on the Hay Ranch.
"I noticed the gut pile had juniper leaves stuck to the outside of it and there was not a juniper visible in any direction from the gut pile," Baker says. "Then he showed me a deer in his grandfather's garage that he claimed he had killed at the location of the gut pile in deer HA 131."
Baker added the 5-by-5 deer was tagged with a Resident General Deer License and the date on the tag was Oct. 5, 2003. Baker took samples of the deer's head and cape.
"Biological samples were submitted to the Wyoming Game and Fish Department Laboratory in Laramie," Baker said. "The lab concluded the DNA sample from the site of the poaching in HA 102, the gut pile Moses showed me in HA131 and the deer head and cape in his grandfather's garage all came from the same deer."
G&F officers served a search warrant and issued Moses a citation in November 2003 for taking an antlered mule deer in a closed area and without a proper license. Moses chose to contest the citation and take it in front of a judge and jury, and on July 29, 2004, was convicted of taking an antlered mule deer in a closed area and without a proper license. However, through various legal motions, Moses' attorney was able to delay the sentencing another year.
Baker is thankful for the outcome of the case and acknowledges his investigation had solid leads from the start due to very observant witnesses, plenty of evidence and the skilled lab scientists trained to use DNA testing in wildlife forensics.
"Moses got caught and justice was served," Baker said. "Witnesses saw him and his vehicle leaving the site of where the deer was poached. He left plenty of evidence to demonstrate he was lying. G&F lab technicians are good at DNA testing and have helped in many wildlife crime convictions.
"I'm thankful to the Sweetwater County Chief Deputy Attorney Tony Howard for his persistence and professionalism through almost two years of dealing with this case. The judge clearly laid out the importance of the hunting heritage in Wyoming and the need for conservation ethics. Honest hunters and people who care about the wildlife can be reassured that poachers do get caught and they will pay the price."

WORLAND MAN GOES BACK TO NATURE; FORGETS TO TAKE HUNTING/FISHING REGULATIONS

John T. Russell, formerly of Worland, apparently had abandoned society and decided to live off the land for 18 months near the South Fork of Fish Creek near Union Pass surviving in large part on game he poached, according to officers investigating the case.

EVANSTON -- Ogden, Utah residents Scott E. Day and Daniel R. Fowers came to Wyoming on Oct. 30 to kill a large buck mule deer and put Day’s Utah tag on it. Instead, they got busted.
   Wyoming Game and Fish Department wardens Jim Olson of Evanston and Neil Hymas of Cokeville made the arrest after Olson observed the men hunting deer near Sawtooth Mountain, east of the Crawford Mountains in southwest Wyoming.
    Olson said previous surveillance efforts indicated this vehicle may have been associated with two Utah family groups the G&F suspected of hunting deer in Wyoming after the season was closed.
   "Over the past 10 years, two wildlife investigators and at least three district game wardens have worked on this situation," said Olson. "The individuals from this camp had truly refined their skills hunting deer in Wyoming while the season was closed."
After a few hours of watching Fowers, 24, and Day, 23, continuously raising their rifles looking at deer through their scopes and then using their headlights to find deer in the dark, Olson pulled the vehicle over to interview the men.
    During questioning, Day told G&F officers the two men were hunting "dogs."
    "The only rifles in the truck were a .300 Winchester Short Magnum and a Weatherby 7mm Magnum," said Olson. "They had no coyote or predator calls, no camouflage clothing and had not shot any coyotes."
   Officers were able to pin this poaching case on the men, who, after many hours of observation and surveillance, demonstrated their intent was to kill deer, not coyotes.
   Fowers told Day that he knew of a spot in Wyoming that he and others from the Fowers’ camp had killed several nice deer over the years. Fowers said that when the weather turns bad the deer move into this area.
Day claimed that he wouldn’t have shot "just any deer" while in Wyoming, but if he saw a really nice buck it would have been very difficult for him not to shoot it.
   Olson says these violators are "generational."
   "Fowers stated that he had been deer hunting in the Crawfords since he was old enough to hunt and that he, his family, and others from their camp, had always hunted in Wyoming," Olson said. "He had learned to hunt the Crawford Mountain area from his dad and that was all that he knew."
    The G&F’s Green River Wildlife Investigator Jim Gregory says he remembers the Fowers Clan when he worked as a warden in Utah.
    "I remember trying to catch members of this group at least 10 years ago," says Gregory. "This is a tight-knit group of people, who never got caught because of their loyalty to each other, and their reluctance to allow anyone else into the group. It took a lot of years of intelligence gathering and surveillance to develop the patterns which resulted in their arrest."
    Both men were charged and pleaded guilty to 23-3-102d "Taking antlered deer during a closed season or without a license" and 23-3-306b "Taking wildlife with the use of artificial light."
    Olson says that, fortunately in Wyoming, take includes the "intent "to take.
    Lincoln County Judge Frank Zebre sentenced Fowers and Day, fining both men $5,260, ordered them to serve 6 days in the Lincoln County Jail and suspended their hunting and fishing privileges for 6 years in the 19 Wildlife Violator Compact states, which includes Utah.
   "The best part of this case is that legal Wyoming deer hunters did not have to lose a trophy buck deer in order to get a conviction," says Olson.
    Olson says this was a case where teamwork and good communications paid off.
   "Game wardens don’t often get to see tangible and immediate results from their law enforcement efforts," he said. "We may cite or educate a violator, but it’s very difficult to see if you have really accomplished anything in terms of resource protection. In this case, I have no doubt that numerous deer were saved for legal hunters during future Wyoming seasons."

LANDER - Even if the investigating officer retires, years pass and the trail cools, poachers are not home free in Wyoming.  With no statute of limitations on wildlife violations in Wyoming, nearly seven years after killing a buck mule deer without a license in Wyoming’s hardest-to-draw area, a Riverton man was sentenced for the crime.
     Rick L. Capellen, 44, of Riverton pleaded guilty recently to intentionally taking a buck mule deer without a license - Wyoming’s winter range statute - for shooting the 5-by-4 deer Nov. 9, 1997 in area 128 near Dubois.
     "Particularly when the caseload gets very heavy, it is considerable consolation to know you won’t have to forfeit a case because it might reach the statute of limitations," said Scott Browning, Game and Fish Department investigator in Lander.
     Ninth Circuit Court Judge Robert Denhardt sentenced Capellen to 90 days in the Fremont County Detention Facility. Capellen was also fined $5,030 with $4,400 suspended, assessed $370 in restitution to the state of Wyoming and had his G&F license privileges revoked for five years.
     In the plea agreement with the Fremont County Attorney’s Office, charges of failing to stop at an established check station and making a false statement to procure an interstate game tag were dismissed.
     The case began shortly following the crime with a report that Capellen had killed "a nice four-point buck mule deer without a license" in the Horse Creek drainage near Dubois. Capellen, who operated a wood stove store in 1997, had a general deer license, but the general season in area 128 closed Oct. 15. On Nov. 1, the area reopened for 100 hunters fortunate to draw the state’s most sought-after deer license despite only 2-to 3-percent drawing odds.
      The investigation began with G&F Wildlife Investigator Gary Good and Riverton Game Warden Chris Daubin learning Capellen did not make the required stop at the Dubois Check Station to have the deer inspected. Then it was discovered that Capellen submitted the head to a Riverton taxidermist in late November claiming the deer was shot Oct. 15, the last day of the general season.
      Capellen denied the crime, but the officers eventually obtained enough evidence to submit the case to the county attorney’s office for charges. Due to personnel changes in the attorney’s office, combined with Good’s retirement, the case was not completed in 1998.
     Browning took over for Good, reopened the case in 2003 and refreshed it with additional interviews. With the new information, Browning issued Capellen the citations in January 2004.
     "It’s a shame that Capellen took this hunting opportunity away from a legal license holder," Browning said of the 21-inch wide, 20-inch high rack. "There are a few really big buck deer out there and this one might have also had that potential."
      During the rut or breeding season, mule deer bucks are very vulnerable. The G&F tries to protect them during this time, while at the same time providing a very limited hunting opportunity.
     Capellen applied for the late season Dubois license but was unsuccessful. "Hundreds of hunters covet that tag but don’t draw," Browning said. "If just a few percent of the unsuccessful applicants stole a deer like Capellen did, the season would be ruined in short order." In 1997, Capellen also drew a bighorn sheep, moose, elk and antelope license.
     Browning said, "Deputy County Attorney Ed Newell and Judge Denhardt recognize the value of these bucks in the rut, both to Wyoming sportsmen and to the resource. Attorney Newell was very helpful in seeing the case through to the end and Judge Denhardt levied a fair and firm penalty. The judge let the taxidermist have possession of the mounted deer, so he could recoup his investment. The mount was obtained by the G&F and now hangs in the G&F’s Lander Regional Office as an educational tool.

(Jackson)-One of the worst Wyoming cases ever of an individual illegally killing big game animals in a single incident reached a plea agreement in circuit court in Jackson. As a result of 11 elk being shot out of season Nov. 24 in the Gros Ventre valley northeast of Jackson, Jackson resident David Elliot Hudson, 20, is currently serving one year in Teton County Jail and was fined $11,000. Circuit Court Judge Tim Day additionally ordered him to pay $11,000 restitution, forfeit a .223 AR-15 rifle and his hunting and fishing license privileges for life and placed him on five years probation. Hudson was charged with nine counts of wanton destruction of big game animals and two counts of knowingly taking an antlered big game animal in a closed season, also known as the "winter range statute." A felony charge of destruction of property valued over $500 was dropped as part of the plea agreement.