BUFFALO JUVENILES SENTENCED FOR WANTON DESTRUCTION

On April 11, 2008, the final suspect in a very disturbing case involving wanton destruction of wildlife was sentenced in Johnson County Circuit Court. Sentencing brought to a close a case that had been on going since November 2007.

On November 23, 2007, three juveniles from Buffalo killed at least eight big game animals, probably many more. The three boys, all age 15, drove a loop from Buffalo to Ucross, then towards Clearmont before heading back to Buffalo, killing and likely wounding deer and antelope along the way. 

“This was the most disturbing act of wanton destruction that I have seen in 16 years,” says Buffalo Game Warden Jim Seeman. “None of the animals were taken from the field, leaving them all to rot.”

Fines for all the cases totaled over $29,000, although most were suspended. The juveniles were also ordered to serve community service and were put on supervised probation for three years. One of the suspects was also ordered to serve 20 days in a juvenile detention facility and lost his hunting and fishing privileges for 12 years. The other two boys lost their hunting privileges for six years each.

“This case could not have been solved if it weren’t for the cooperation of a local rancher, a business owner, the Buffalo Police Department and the Johnson County Sheriff’s Office. I wish to thank everyone who cooperated, with a special thanks to the Johnson County Attorney’s Office,” said Seeman.

HUNTER’S JOURNAL HELPS LAND 20 WILDLIFE CONVICTIONS FOR FIVE MEN

LANDER – This case hits home why wildlife crime should be reported even if the violation may seem insignificant.

In October 2002, the Wyoming Game and Fish Department received information from a confidential informant that a California man was applying for resident licenses. The following investigation led to a hunting camp in the southern Wind River Mountains and spiraled into 20 wildlife convictions for five men, involved officers in two states and recently culminated with a Pennsylvania man being sentenced for taking an overlimit of elk in a closed season.    

“When it comes to wildlife violations, this was another case of ‘where there’s smoke there’s fire,’” said Lander Wildlife Investigator Scott Browning.

When interviewed, Ribley felt he had dual residency in Wyoming and California, because he had driver’s licenses and vehicle registrations in both states. During a conversation about the case, he offered Trebelcock his personal journal of his Wyoming hunting trips.

“The journal not only helped make the argument Mr. Ribley was not a resident, it also chronicled other violations of hunters in the camp or camping nearby,” Trebelcock said.

Although Ribley did have an expired Wyoming driver’s license with a Lander address, his journal recorded him departing California for his Wyoming hunts and then returning to the West Coast. A check of records revealed he voted in California 12 times from 1992-2002, but not in Wyoming during that period. He also admitted to the officer he had not lived in Wyoming for a full year prior to purchasing resident hunting licenses.

The game warden added the 107-page journal was very well written and would have been interesting reading even if it didn’t lead officers to additional violations.

“The journal made this one of the most unique cases I’ve ever investigated,” said Trebelcock, a 31-year Game and Fish veteran. “It’s not often a suspect offers written evidence of violations.”

On Nov. 29, 2005, Ribley pleaded guilty to 14 counts of what officers commonly call “false oath” or swearing a false statement to procure Wyoming resident hunting licenses: six elk, five deer and three pronghorn. He was fined $3,980 by Judge Robert Denhardt in Ninth Circuit Court in Lander.      

Since Mostoller’s violations were not discovered until four years after being committed and he was residing in Pennsylvania, Browning enlisted the help of Pennsylvania Conservation Officer Travis Anderson to interview him.

 On June 9, 2006 Mostoller was interviewed by Anderson, his hometown conservation officer. Mostoller claimed he did not consciously commit any violations and he was just following the directions of the outfitter. Mostoller was a veteran hunter in Pennsylvania and has also hunted several other states.

“As is so often the case when we ask for the help of a wildlife officer in a sister state, Travis Anderson was a tremendous assist,” Browning said. “He quickly addressed the situation after being contacted and did a great job of getting to the bottom of the violations. We might not have ever gotten the conviction without his fine work.”

Due to a backlog of cases in Sublette County and legal questions in Pennsylvania concerning custody of the elk mount, the case was just recently sentenced. In a plea agreement, Mostoller pleaded no contest to hunting elk in a closed season and taking an overlimit of elk.

Judge Curt Haws of the Ninth Circuit Court in Pinedale fined Mostoller $860 and ordered him to pay $1,000 in restitution to the Wyoming Wildlife Protector’s Association, who oversees the Stop Poaching Program. His Wyoming hunting and fishing license privileges were revoked for three years and he was placed on one year unsupervised probation. The judge also ordered Mostoller to forfeit the shoulder mount of the 6-by-6 elk, which he paid $740 for in 2000, to the Pennsylvania Game Commission. 

Charges of compensating an unlicensed outfitter and making a false statement to procure an Interstate Game Tag were dropped as part of the plea agreement.

On March 26, the paperwork was completed that also revokes Mostoller’s hunting and fishing privileges in the 23 other cooperating states of the Wildlife Violator Compact. His forfeited elk mount is being permanently displayed at the Pennsylvania Game Commission’s regional office in Bolivar.

From the journal and confessions, these individuals were also cited and forfeited the bond they posted:

“This camp made shambles of the Wyoming laws and regulations that work to manage wildlife and provide opportunity to lawful sportsmen,” Browning said. “For example Mostoller hunted in the wrong area, with a rifle in archery season, killed two elk on one license and used an illegal outfitter. He did not seem to care about our wildlife laws at all.”

Browning believes that some members of the camp were involved with an illegal outfitter. Charges of outfitting without a license, along with taking a bull elk out of season and in a wrong area were also going to be filed against another individual, but he died in 2006.  

CALL TO STOP POACHING HOTLINE NABS TWO BRIDGER VALLEY MEN

FORT BRIDGER—On Sept. 22, 2007, the Wyoming Game and Fish Department received a tip on its Stop Poaching Hotline concerning a buck mule deer that may have been shot and left on the Bigelow Bench Walk-in Access Hunting Area. 

Game and Fish warden Rick King responded to the call and discovered a mature four-point buck deer that had been recently shot and left to waste. King said several items of evidence were obtained at the scene and the caller to the Stop Poaching Hotline was able to give a description of two male suspects in the area, just prior to the discovery of the deer. 

"The next day, I received a call from a ranch manager near Lonetree, who reported a dead buck mule deer on the old Wadsworth Ranch Sage Creek Pasture," King said. "I investigated and located two buck mule deer that also had been recently shot and left to waste. I collected evidence at this crime scene and submitted that evidence, along with evidence from the Bigelow Bench buck, to the Wyoming State Crime Lab in Cheyenne."

King said a search warrant was served on two vehicles and a residence in Fort Bridger in early October. 

"We were able to obtain further evidence linking Davis and Adams to the crimes, including spent rifle casings from a rifle uncovered during the search. The Wyoming State Crime Lab determined the casings obtained during the service of the search warrant matched the casings found at the Sage Creek crime scene. The crime lab also matched fingerprints from evidence secured at the Bigelow Bench crime scene with those of one of the suspects." 

During the course of the investigation, Wildlife Investigator Jim Gregory obtained videotape from a residence in Mountain View, which showed Adams and Davis killing a buck deer with a .22 caliber rifle.

"Adams and Davis filmed the killing of this deer and the videotape ended up in the hands of an acquaintance of the two men. We later determined that the deer killed on the tape was the fourth deer killed by Adams and Davis.” King said.

Both men have been charged with conspiracy to commit cruelty to animals, a felony charge.  In addition, each man faces misdemeanor counts of wanton destruction of wildlife.  If convicted of a felony, the two could face up to two years imprisonment and lose the ability to possess a firearm.  The misdemeanor wanton destruction charges could result in the loss of all hunting privileges in Wyoming and 27 other states that are members of the Wildlife Violator Compact.

INFORMATION REGARDING DUBOIS POACHING LEADS TO CONVICTION

DUBOIS – Information received following the discovery of an unusual scene near Dubois in October 2007 has resulted in the conviction of two Wyoming men for their involvement in several wildlife violations.

Fremont county court Judge Rob Denhardt ordered Brower to pay a penalty of $90 in fines and $6,000 restitution to the Wyoming Game and Fish Department in addition to a 270-day jail sentence, of which 254 days were suspended.  Brower also lost his hunting and trapping privileges for 6 years, 3 of which were suspended provided Brower does not commit any more wildlife violations.  Shearer’s penalties totaled fines of $530 for waste or abandonment of edible portion of a bull elk as well as a 60-day jail sentence that was suspended provided he does not violate any law, particularly wildlife laws of this state or any other jurisdiction through July 28, 2008.  

            Two hunters’ discovery of a suspicious scene on Arrow Mountain south of Dubois prompted them to report their findings to Dubois Game Warden Cole Thompson.  Thompson and one of the witnesses investigated the scene and found one entire bull elk along with edible portions of two other bull elk abandoned and left to waste.

Witness statements and interviews of Brower and Shearer revealed that the brothers had been hunting in the area on Oct. 2^nd when Brower killed a small bull elk.  They then packed some of this elk to camp, leaving substantial portions of it to go to waste.  They went hunting again the next day and each killed a 6-point bull elk.  They packed some of each of these elk to the Torrey Creek trailhead, again abandoning to waste substantial edible portions of each elk.  All of the small bull elk killed by Brower on the 2^nd was abandoned at their camp and allowed to go to waste. 

Approximately 200 yards from the site of the first small bull elk killed by Brower, the spoiled carcass of another small bull was found.  Although some evidence indicated the killing of this elk might have been connected to the case, evidence was not sufficient to warrant charges.  Information regarding this elk is still being sought.  Anyone with information about this crime or any other wildlife violation should call (877) WGFD-TIP.  Callers can remain anonymous and are eligible for cash reward up to $5,000 if the information leads to a conviction.     

            The successful prosecution of this case was a result of the reports received by two concerned hunters that were witness to the incident and coordination between Lander Region Game Wardens Cole Thompson, Chris Daubin, Brad Gibb, Bob Trebelcock and Brian Debolt; Regional Wildlife Supervisor Kent Schmidlin; Fremont County Probation and Parole Officer Annie Fowler and the Fremont County Attorney’s Office. 

GILLETTE MAN PLEADS GUILTY TO DEER POACHING

GILLETTE—A Gillette man has been sentenced after pleading guilty to shooting a large buck mule deer out of season northwest of Gillette in early November. 

The incident occurred on Nov. 8, in northeast Johnson County near the Powder River, where Bauder had been checking oil wells. While on his way to a well, Bauder saw a large non-typical buck mule deer standing near the oilfield road and shot it two times in the head with a .22 caliber rifle.  He then proceeded to check the well, thinking the deer was dead.  Shortly after Bauder left the scene, a survey crew drove by and noticed the deer, which was still alive.  When they noticed blood dripping from its head, they contacted the Wyoming Game and Fish Department.  North Gillette game warden John Lund responded, and verified that the deer had indeed been shot.  A .22 caliber bullet was recovered from the deer’s head, and an empty shell casing was found on the road close to where the deer had been located by the survey crew.  The survey crew advised that they had seen an oilfield pumper in the immediate area, and gave Lund a detailed description of the vehicle and its driver.

The following morning, the warden returned to the scene and waited for the pumper to return to check his wells.  Just after 1 P.M., the pumper, who was then identified as Troy Bauder, returned, and eventually admitted to shooting the deer.  He then showed the warden where he had hidden the rifle and a box of ammunition in a treater house located at the oil well.  The rifle had one empty shell in the chamber, which was identical to the empty shell located at the scene where the deer was shot, as well as ten live rounds in the magazine. 

“With a 28-inch spread, this six-by-nine point non-typical buck would have been a trophy of a lifetime for any law abiding hunter,” Lund said.  “I applaud the survey crew for reporting the crime, as well as their attention to detail, which greatly assisted the investigation.”  Lund said that without their assistance, this crime would likely have been undetected.  “Due to limited enforcement personnel, wardens rely heavily on citizens to report wildlife violations,” Lund added. 

ARE YOU A WYOMING RESIDENT?

            Hunting and fishing in Wyoming is a privilege granted by state law and Wyoming, like other states, has different fees for residents and non-residents.

The difference in cost can be substantial and for some newcomers to Wyoming the cost savings lead them to claim they are a Wyoming resident when in fact, they are not.

                "There is no cost savings if you get caught," said Gary Brown, Cody region wildlife supervisor for the Wyoming Game and Fish Department.  "When you sign your name on a resident license, you are stating that you are a Wyoming resident. If you are not telling the truth you have committed a false oath violation."

                Michael B. McGoogan of Russellville, AR, was recently convicted of two false oath violations to obtain elk licenses.  McGoogan was found guilty and fined $780 for each violation.  And, since he had also harvested a bull elk on a falsely obtained license, he was found guilty of taking an elk without a proper license and was fined another $780 and ordered to pay $5,000 restitution to the state of Wyoming. He has also had his hunting privileges revoked for three years in Wyoming and the other 23 states included in the Interstate Wildlife Violator Compact.

"The residency law is simple; you must be a United States citizen or legal alien, and you must be domiciled and physically reside in Wyoming for one full year—365 consecutive days—immediately preceding the date that you apply for or purchase a license," Brown said.  According to Brown, domicile means that place where a person has his true, fixed, and permanent home. Having a mailing address, owning property or a business or being employed in Wyoming does not in itself prove Wyoming residency for license buying purposes.

                In a separate case, Pennsylvania resident Patrick S. Baillie was found guilty of four false oath violations. Baillie's violations involved false statements to obtain antelope, mule deer, elk, fish, and archery licenses. Baillie's fines totaled $3180. 

                "Those who cheat the system once often find it easy to do again and again. But, if they get caught and many do, there is a domino effect and the costs often escalate," Brown said.  "Newcomers are better off establishing their residency and waiting the full 365 days."

                Brown also noted that a person could lose their Wyoming residency if they leave the state for extended periods.  By law, if you reside in another state, territory, or country for an aggregate of one hundred eighty days (six months) or more in a calendar year you are no longer a resident for purchasing licenses. Exceptions to this are minor dependants, those temporarily employed in the service of the United States, students, military personnel, and other special situations.

                A brochure entitled "Am I a Wyoming Resident" provides basic guidelines and information regarding the complex issue of residency and is available at all Game and Fish offices.

ILLEGAL CRAYFISH INTRODUCTION COSTS COLORADO COMPANY $100,000

CASPER –The owner of a Colorado company must pay $100,000 in fines and restitution for illegally transporting rusty crayfish into Wyoming, a U.S. District Court judge ruled.

The Lacey Act, 16 U.S.C. §§ 3371-3378, protects both plants and wildlife by creating civil and criminal penalties for a wide array of violations. Most notably, the Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold. Thus, the Act underscores other federal, state, and foreign laws protecting wildlife by making it a separate offense to take, possess, transport, or sell wildlife that has been taken in violation of those laws. A violation of the Lacey Act automatically results in a federal case. This case was prosecuted in cooperation with the U.S. Attorney’s Office and the U.S. Fish and Wildlife Service. 

The case is centered around the illegal importation of rusty crayfish as a forage base for fish in ponds on three private ranches in Wyoming. In May of 2006, a ranch owner who had previously contracted with Colorado Fisheries, Inc. contacted Game and Fish for a permit to move some crayfish from one pond to another on a private ranch near Douglas. Fish biologists requested the identification of the crayfish prior to any movement between the ponds. Upon investigation, biologists identified the prohibited rusty crayfish; a species not previously found in Wyoming. Game and Fish determined that the ranch was unknowingly the victim of illegally stocked crayfish through its dealings with Colorado Fisheries, Inc. Biologists also discovered rusty crayfish had entered a tributary of the North Platte River. Eradication efforts began immediately to remove the unwanted crayfish.

Rusty crayfish (Orconectes rusticus) measures two and one-half inches in length (not including claws). They have dark, rusty spots on each side of their carapace (outer body shell). Their claws are grayish-green to reddish-brown and are smoother than most other crayfish. Rusty crayfish can cause a variety of negative environmental and economic impacts when introduced to new waters. They are an aggressive species that often displace native or existing crayfish species. Invading rusty crayfish also reduce the amount and kinds of aquatic plants and invertebrates, and reduce some fish populations. “Rusty crayfish are very aggressive and very prolific,” said Al Conder, regional fishery supervisor for the Casper Game and Fish office. “If this species establishes in our waters we could potentially see a loss of our native crayfish species and severe impacts to other aquatic species.”

Perhaps the most serious impact from rusty crayfish is the destruction of aquatic plant beds. Rusty crayfish have been shown to reduce aquatic plant abundance and species diversity. Submerged aquatic plants are important for habitat for invertebrates (which provide food for fish and ducks), shelter for young gamefish, panfish, or forage species of fish, nesting substrate for fish, and erosion control. “Illegal introductions are the most serious violations in terms of damage to aquatic resources and fishing opportunity,” said Mike Stone, chief of fisheries for the Wyoming Game and Fish Department.

To date, Game and Fish has spent $34,424.81 to remove the crayfish from several ponds and a portion of one stream. Additional expenses will be incurred for monitoring the site and any subsequent eradication efforts.   

“We’re very fortunate that we had the opportunity to get there early and control it,” Conder said. “Had we not got there early they would be downstream in the North Platte drainage and upstream toward Casper. If they had made it to the North Platte River we could not have controlled them.”

The Game and Fish Department will continue its efforts to prevent the introduction and/or spread of unwanted species in the state. “This case should show the residents of Wyoming that we take the illegal importation of injurious species very serious,” said Mike Ehlebracht, Investigative Unit Supervisor for the Game and Fish Department.

Two poached mule deer bucks have been found by game wardens in the Rawlins area over the past three weeks. Both animals were killed with a small caliber weapon. Rawlins East Game Warden Bill Brinegar says a 3- or 4-year-old buck mule deer was found quartered and without antlers more than a week ago in Rawlins and another decaying three-point buck was found south of town earlier this month. A reward of up to $5,000 is available to anyone who provides information that results in the conviction of the poachers.

LOVELL ANGLER NETS OVERLIMIT—TWICE

CODY— Ice fishing on Buffalo Bill Reservoir can be very good at times, so good that some people find it difficult to resist taking more than the law allows.

 On Jan. 1, 2008, a new set of fishing regulations went into effect that included many changes in creel and possession limits. In an effort to conserve trout in Buffalo Bill Reservoir the creel limit on trout was reduced from four to three, allowing no more than two of the three to be cutthroat trout. A separate creel and possession limit was established for the reservoir’s lake trout.

 “When the ice forms on Buffalo Bill Reservoir quite a crowd of anglers gather,” said Travis Crane, game warden trainee for the Wyoming Game and Fish Department. “And, when the fishing is good it is tempting to keep more than the legal limit.”

 “I was surprised when I discovered that Mr. Snell had committed this same violation only a few days prior to my field check. In most cases, citations serve as a deterrent to future violations, but it seems Snell didn’t learn a lesson after being caught with an overlimit the first time.” Sax said.  

 On Jan. 14, 2008, Snell appeared before Park County Circuit Court Judge Bruce B. Waters, where he pleaded guilty to both overlimit violations. Judge Waters levied a fine of $210.00 for Snell’s first violation. Judge Waters fined Snell $400.00 for the second violation and revoked his fishing privileges for two years from the date of the sentencing. 

 The loss of fishing privileges extends beyond the borders of Wyoming. The states of Arizona, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Dakota, Oregon, South Dakota, Tennessee, Utah, Washington, and Wyoming are member states of the Interstate Wildlife Violator Compact.

 Under the Compact, when a person has their hunting, fishing, or trapping privileges legally suspended in the Compact state where the violation occurred, the suspension is recognized by all of the member states of the Compact.

 “I think this case demonstrates that the cost associated with wildlife violations may not always serve as a deterrent to future violations, however, losing your privileges in 24 states including Wyoming should be a deterrent to anyone who values hunting and fishing,” Sax said.

Dubois man forfeits snaring privileges for 24 years for snaring at least 16 deer
 

DUBOIS – Attempting to snare coyotes and bobcats, a Dubois man’s snares killed at least 16 deer from 2003-06 and he was recently convicted for the violations.

                Robert Charles Johnsen, 57, was fined $1,600 for eight counts of taking a deer without a license with his snares. In addition, Circuit Court Judge Robert Denhardt revoked Johnson’s privilege to obtain a trapping license for five years and his privilege to use snares for 24 years, plus ordered him to forfeit his trapping equipment – 271 leg-hold traps and 127 snares – to the Wyoming Game and Fish Department.

             The case started in the winter of 2003, when Johnsen contacted Dubois Game Warden Cole Thompson that he’d accidentally killed a deer in his snare. Over the next two years Johnson reported five more deer killed in his snares. Thompson did not cite Johnson, but urged him to adjust his snaring practices, such as moving his snares from deer trails and areas of high deer activity.

The officer suggested setting the snare just off the deer trail and placing a tin can in the trail so the coyote would veer off the trail to avoid the can and be caught. Deer would likely ignore the can and continue down the trail and avoid being snared. Johnsen was also encouraged to set a deflector such as a stick over the snare so smaller animals like coyotes and bobcats would go under the stick and get caught in the snare, while larger animals like deer would jump over the stick avoiding the snare. Thompson saw no evidence of any of these suggestions being tried by Johnsen.

“Since Mr. Johnsen also owned leg-hold traps, I urged him to switch to leg-hold traps because they were less likely to catch deer, but he never did,” Thompson said.

             Johnsen killed another deer on Dec 30, 2005, and Jan. 12, 2006. He was issued warning tickets for both violations and was told by Thompson all subsequent deer killed in his snares would result in citations. Johnsen did not report another snared deer until the following November.

              From Nov. 23, 2006, to Jan. 6, 2007, seven more deer were killed in Johnsen’s snares, and he was issued a citation for taking a deer without a license for each incident. Two deer were caught and killed in the exact locations where Johnsen snared and killed previous deer.

               “I do commend Mr. Johnsen for contacting me and reporting these deer he caught in his snares,” Thompson said.

              On the majority of the reports, Thompson would accompany Johnsen to the scene. Twice on patrol Thompson discovered a deer in Johnsen’s snares before Johnsen did. Johnsen later reported both to the officer.

              Johnsen reported to Thompson he would have approximately 35 snares out at a time. All 16 deer – two does and 14 fawns – were snared on public land in the Dubois area including Game and Fish’s East Fork, Whiskey Basin and Jakey’s Fork wildlife habitat management areas. One buck and two does were caught in Johnsen’s snares and released alive. 

             Johnsen appeared in court Jan. 12, 2007 for the violations and was ordered by Judge Denhardt to cease snaring until the charges were settled. While removing his snares the next day he discovered a whitetail fawn killed by a snare and was issued another citation for taking a deer without a license.

            Chief Game Warden Jay Lawson says violations resulting from inadvertent snaring are not uncommon in Wyoming. In 1999, a Cody man killed at least 15 deer in snares set along fences about 15 miles northeast of Meeteetse. He was convicted of two counts of destruction of state property (deer) and ordered to pay $8,000 restitution and $200 to the Wyoming Crime Victim’s Fund. A $400 fine for each count was suspended providing the defendant complete 25 hours of community service for each count.

Anyone with information about protected animals being killed in snares are urged to call the Stop Poaching Hotline at (877) WGFD-TIP. Callers can remain anonymous and are eligible for a cash reward if the information leads to a conviction.

Roger E. McKean, 27, of Knoxville, Tenn. pleaded guilty to the following charges involving the bighorn ram: knowingly taking a bighorn sheep without a license and during a closed season, waste and abandonment of a bighorn sheep and taking a bighorn sheep from a vehicle.  

Ninth Circuit Court Judge Robert Denhardt fined McKean $5,200, ordered him to pay $10,000 restitution for the ram and revoked his hunting privileges for 79 years. McKean was also sentenced to serve in the Fremont County Detention Center for a minimum of 60 days. After that time he can be released from jail when he pays his fines and restitution.

The investigation into the bighorn sheep crime revealed McKean also illegally killed a mule deer doe. He pleaded guilty to taking a deer without a license, hunting deer during a closed season and taking a deer with aid of artificial light. Judge Denhardt fined McKean $250 for those violations, ordered him to pay $500 restitution and revoked his hunting privileges for an additional 12 years.  He was also assessed a total of $180 in court costs for the bighorn sheep and deer convictions. Charges of taking a deer from a vehicle and shooting from a public road against McKean were dismissed.

“I feel that Judge Denhardt drew a clear distinction between sportsmen and a poacher in this case with the penalty.  McKean had no respect for either the wildlife or lawful hunters,” said Lander Wildlife Investigator Scott Browning, who along with Dubois Game Warden Cole Thompson, led the investigation. “He did absolutely nothing right or legal in regards to Wyoming wildlife in the short time he was in our state.”

The investigation started as a result of the Wyoming Game and Fish Department requesting information about four bighorns illegally killed in the Whiskey Mountain area in November 2006. A tip was received that Kelly J. Grove of Dubois may have been involved in illegally killing a ram, and on Dec. 9, 2006 Thompson and Browning began the investigation. Interviews conducted with Grove and forensic evidence revealed Grove was an accessory to McKean killing the sheep Nov. 25, 2006, but McKean was in the Aspen/Snowmass, Colo. area.

Before McKean could be located in Colorado, he’d left for Tennessee, but he still provided evidence of the Wyoming wildlife crimes by leaving his truck at a local ranch. Colorado Division of Wildlife officers obtained a search warrant for the truck and collected blood, hair, a knife, bloody clothing and various rifle rounds and cartridges for forensic analysis by the Wyoming Game and Fish laboratory– but they did not locate the ram’s head.  U.S. Fish and Wildlife Service Special Agent Ryan Noel and Tennessee Wildlife Resources Agency Wildlife Officer Joe Durnin, located and interviewed McKean in Knoxville, Tenn. McKean cooperated with the officers and provided a statement that the ram’s head was left on a ranch near Crowheart and he helped arrange for Wyoming officers to pick it up.

In the interview, McKean told the federal agent that he learned he could sell the head for $2,000 and needed the money. From the interviews and forensic analysis, officers learned about the deer violations and that McKean had also been involved in illegally killing two antelope on the Wind River Indian Reservation.

“As a result of McKean’s interview with the officers in Tennessee and interviews with Grove and other Dubois area contacts, the full story was mostly pieced together,” Browning said. “McKean and Grove were largely forthright once located.”  From information garnered in the interviews, Grove and McKean encountered a band of bighorn sheep on Sheep Ridge south of Dubois on Nov. 25, 2006. McKean shot a 3/4 curl ram with Grove’s .243 rifle and then Grove shot it again to finish killing it. Interviews with both men determined McKean solely removed the head and hid it in nearby rocks and later Grove drove McKean back to the site to retrieve it. The interviews also revealed David V. (Dusty) Rhoads, a Crowheart ranch hand, and an unidentified male helped McKean poach the mule deer doe on non-tribal deeded land near Crowheart on or about Nov. 20, 2006. Rhodes was charged with accessory to take deer in a closed season and forfeited $410 in bond. McKean said he used the deer for meat and consumed the entire animal. Colorado officers found blood in McKean’s truck which was later determined to be from the mule deer doe, but no meat was found at any location.

Rhoads, 50, was also cited by Wind River Indian Reservation wildlife officers for his role in helping McKean illegally kill the two antelope on the reservation.

McKean returned to Wyoming this summer to be charged and to enter an initial plea of not guilty but lost his court appointed counsel and failed to appear for his July 30 docket call in court for a scheduled Aug. 17 trial. The court issued an arrest warrant for him Aug. 1 With information that McKean had returned to Tennessee, Browning actively worked with Tennessee authorities, including officer Durnin to locate and arrest McKean, but without success.  In November, the Game and Fish pitched the story to Bob Hodge, the outdoor editor of the Knoxville News Sentinel. He was eager to help with locating McKean and printed an article about McKean’s fugitive status Nov. 11. The next morning McKean, who was working jogging horses at a racetrack in East St. Louis, Ill. expressed his desire to settle the charges. He told Browning that one reason he wanted to get this case resolved was so he could legally return to Wyoming to compete again as a saddle bronc rider at Cheyenne Frontier Days.

“The help and cooperation of so many concerned persons from the wildlife agencies in Colorado and Tennessee, the U.S. Fish and Wildlife Service and Fremont County Sheriff’s Office, as well as the Knoxville outdoor editor contributed substantially to the successful outcome of this case,” Browning said.  On Nov. 28, McKean flew to Riverton at his own expense, and Browning met him at the airport, served him with his arrest warrant and took him to the Fremont County Detention Facility. He appeared in court the next day represented by attorney Sky Phifer. Judge Denhardt allowed him to post a small bond and be released on his own recognizance but he chose to stay in jail until Dec. 4. At a hearing Dec. 7, McKean expressed his desire to get the case resolved, although the prosecution and defense could not agree on plea agreement, so the judge solely decided the penalties.

“McKean’s cooperation with state and federal officers, in addition to eventually returning to the state to resolve the case, was taken into account and saved him from even stiffer penalties,” Browning said.  “He did the right thing by returning to Wyoming because the Fremont County Attorney’s Office and Wyoming law enforcement, with the help of Tennessee authorities would have eventually found him and extradited him back to Wyoming on the active arrest warrant.”

In addition to losing his hunting privileges in Wyoming, McKean is also prohibited from hunting in the 24 states that were members of the Interstate Wildlife Violator Compact at the time of the violation – which includes Tennessee.  The ram’s head will be used by the Game and Fish for educational purposes. Grove, 22, was assessed $3,990 in fines and restitution and had his hunting privileges revoked for three years for being an accessory in the bighorn sheep crime, plus for wasting the meat from an elk and deer and falsely claiming to be a Wyoming resident to buy 2006 elk and deer licenses, in a plea agreement engineered by Deputy County Attorney Bob Bundy. He was also ordered to forfeit a .243 bolt action rifle used in the bighorn sheep crime. His elk and deer violations were discovered during the bighorn sheep investigation. Browning also specifically cites USFWS Special Agent Roy Brown, Colorado Division of Wildlife District Wildlife Manager Kevin Wright, Robert St. Clair, Fish and Game director for the Wind River Indian Reservation, and Dee Dee Hawk, Ian Abernathy and Kim Sargeant of the Game and Fish Laboratory for their key help in the case.  

Information is still being sought on the original four bighorns illegally killed in November 2006 in the Whiskey Mountain area southeast of Dubois. Anyone with information about those crimes or any other wildlife violation should call (877) WGFD-TIP. Callers can remain anonymous and are eligible for cash reward up to $5,000 if the information leads to a conviction.