Game Law Violations

Report from Utah

A Colorado man will pay $5,500 in fines and restitution after pleading guilty to poaching a bull elk in southeast Utah.

On February 24, a Montrose, Colorado man pleaded guilty in the Seventh District Court to one count of wanton destruction of protected wildlife (trophy elk), a third degree felony.

Judge Lyle Anderson sentenced the man to pay a fine of $1,500 and restitution of $4,000 to the Utah Division of Wildlife Resources, and to a prison sentence not to exceed five years. The prison sentence was stayed upon payment of the fine.

The rifle that the man allegedly used also was confiscated by the court.

The suspect was contacted by Rudy Musclow, investigator in the Utah Division of Wildlife Resources' Southeastern Region, after a landowner reported that a trophy elk had been shot and left on the Redd Ranches in southeast Utah.

The man confessed to the killing and described where he had hid the rifle used. The rifle was later recovered about 150 yards from the elk.

He said he was deer hunting in Colorado when he poached the elk, and did not possess an elk permit for either state.

Musclow says that the illegal killing of trophy bull elk appears to be increasing on the LaSal Mountains along the Colorado border.

"It's the legal hunter who is hurt by the illegal killing of trophy bulls," Musclow said. "The LaSal Mountains are being managed for trophy elk and each bull that is illegally killed is one less animal that can be taken by legal hunters."

The Utah legislature has created legislation to address the poaching of "trophy" animals. Because of the high value placed on trophy animals, the minimum recommended penalties for poaching a trophy elk are a $1,500 fine, $8,000 in restitution and forfeiture of all equipment used.

Musclow said that because of the man's cooperation, his restitution and prison sentence were reduced as part of a plea bargain arrangement.

Musclow hopes that the "trophy" legislation's stiff fines will deter poaching incidents in years to come.

Report From Wyoming

Blood spots in separate states have cost a Coloradoan over $4,000.

On Nov. 9, 1997 wildlife officers knew a deer had been illegally killed about 20 miles southwest of Laramie. But they didn’t have a carcass, antlers or hair – only blood at the kill site and in the trailer suspected of transporting the animal.

That was enough though, as analysis at the Wyoming Game and Fish Department laboratory in Laramie revealed the two samples were both from the same white-tailed buck.

"We extracted DNA from both samples," said Dee Dee Hawk, wildlife forensic specialist at the lab. "DNA is like a genetic fingerprint, so it is unique to each animal. "Tests results indicated that there was a one-in-9,500 chance of this same genetic fingerprint being found in a different deer. Ultimately, this means the two fingerprints matched."

After hearing this evidence, a 36-year-old man from Lyons, Colorado, pleaded guilty in Albany County Court February 23, 2000 to taking a deer without a license, taking a deer out of season and trespass to hunt.

"The case began three years ago when I responded to a call from a Laramie rancher," said Bill Haley, Laramie game warden in charge of this investigation. "When I arrived at the crime scene, the only evidence I found was a blood trail. The poacher had already loaded the deer into his horse trailer and headed home."

The rancher obtained the license plate number. Haley collected blood from the kill site and tried to catch up to the southbound rig. He also called ahead to the Colorado Division of Wildlife (DOW) for assistance.

DOW officers tracked the trailer to the man at his residence in the small town west of Longmont. The deer was no longer in the trailer, but officers collected more blood samples.

"Ten years ago it would have been almost impossible to make this case with only two blood samples," Haley said. "Many people know DNA can be used to solve crimes in cities, but they don’t realize it also allows us to prosecute wildlife violators."

Haley speculates the man thought making it across the state line would allow him to escape prosecution for his crime. After hearing the evidence, the county attorney and Albany County Judge Robert Castor thought the case warranted extraditing the suspect back to Wyoming to stand trial.

"I’ve worked with Judge Castor for close to 20 years, first as a prosecutor and now as a judge," Haley said. "He has always given stiff penalties in wildlife cases in an effort to deter poachers and protect the state’s resource. This case is no exception."

The man was fined $1,160 and ordered to pay $2,985 restitution. His hunting and fishing privileges were suspended for 6 years in Wyoming, Colorado, Utah, Montana and the other eight states that are members of the wildlife interstate violator compact.

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