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Old 05-21-2011, 01:02 PM   #1
Fur n Feathers
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Default Two Sentenced in Illegal take of Bull elk

Two Hermiston Men Sentenced Following Guilty Plea Related to Unlawful Take and Waste of Trophy Bull Elk in northeast Oregon (Photo) - 05/20/11
An investigation by Oregon State Police (OSP) Fish & Wildlife Division troopers into the unlawful taking of a trophy bull elk in northeast Oregon with a firearm during archery season led to the recent conviction of a Hermiston-area father and son on wildlife-related crime charges.

In September 2010, OSP Fish & Wildlife troopers from the Pendleton Area Command office received information that JOREY M. PETERSON, age 25, and his father, MICHAEL L. PETERSON, age 47, both from Hermiston, had unlawfully taken a trophy bull elk in the Walla Walla Unit with a rifle during the last day of the 2010 archery season. Troopers responded to the Peterson residence and subsequently seized a large 10x7 trophy class Bull Elk and a rifle allegedly used to kill the elk.

As part of the investigation, troopers also located the scene east of Milton-Freewater where the bull elk was killed and found the elk's carcass. Upon inspection they determined the meat had spoiled and was no longer fit for human consumption.

"Local landowners had observed this particular elk in the same area for several years," said Senior Trooper Rick Carter, lead investigator on the case. "It's because of poaching incidents like this involving large trophy class wildlife that the State of Oregon has pursued enhanced penalties for violators".

In 2009, the Oregon Legislature passed a bill enhancing civil damages for the unlawful taking or killing of wildlife including a $15,000 fine for any elk with at least six points on one antler.

On March 17, 2011 JOREY PETERSON pled guilty in Umatilla County Circuit Court to Theft First Degree, Waste of Wildlife, and Illegal Take of Wildlife. He was sentenced to the following:

* $15,000 joint restitution with his father to ODFW
* 180 days in Jail - suspended
* 3 years bench probation
* 3 years hunting license suspension and forfeiture of seized evidence to the State of Oregon

On April 24, 2011 MICHAEL PETERSON pled guilty in Umatilla County Circuit Court to Theft First Degree and Aiding in a Wildlife Violation. He was sentenced to the following:

* $15,000 joint restitution with his son to ODFW
* 180 days in Jail - suspended
* 3 years bench probation and forfeiture of seized evidence to the State of Oregon

Photograph Source: Oregon State Police

http://www.flashalert.net/news.html?id=1002


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Old 05-21-2011, 01:05 PM   #2
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Default Re: Two Sentenced in Illegal take of Bull elk

They only got a 3 year hunting suspension which does not seem like much, but if you read further into it they were convicted of theft 1 which is a C felony, that means they are felons and cannot owns guns anymore.
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Old 05-21-2011, 01:32 PM   #3
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Default Re: Two Sentenced in Illegal take of Bull elk

those sentences seem to light. imo. I think no more hunting ever for people like this. sounds like the dad can go hunting next year. no way is what i say.
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Old 05-21-2011, 05:59 PM   #4
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Default Re: Two Sentenced in Illegal take of Bull elk

uh read it again only ONE of them lost there hunting privileges

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They only got a 3 year hunting suspension which does not seem like much, but if you read further into it they were convicted of theft 1 which is a C felony, that means they are felons and cannot owns guns anymore.
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Old 05-21-2011, 06:21 PM   #5
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Default Re: Two Sentenced in Illegal take of Bull elk

Almost everytime i read about a poaching case, their jail time is always suspended... What does that mean? They were sentanced to jail but dont really have to go? what the hell kind of sense does that make.

They should take all the equipment that was used to aid in the taking of the elk, serve some jail time, atleast a couple weeks, and lose their hunting rights for more than three years.

there is so much poaching going on. makes me sick.
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Old 05-21-2011, 06:30 PM   #6
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Default Re: Two Sentenced in Illegal take of Bull elk

I believe the * 180 days in Jail - suspended means if they break their probation requirements, they can be sent to jail for the 180 days.



And please remember to keep comments ifish friendly.
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Old 05-21-2011, 07:11 PM   #7
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uh read it again only ONE of them lost there hunting privileges
Your right, but at least they cant hunt with a gun.
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Old 05-21-2011, 07:54 PM   #8
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Default Re: Two Sentenced in Illegal take of Bull elk

If they're poaching in the first place, do you really think taking away their hunting privileges is going to do any good? I say hit them harder in the wallet and send em to jail!

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Old 05-21-2011, 07:56 PM   #9
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Default Re: Two Sentenced in Illegal take of Bull elk

But remember they got that "trophy fine" to pay.....ya right. This is exactly why I complained the last time the enhanced fines were discussed. The money wasted in the investigation could have been recovered as well as some jail time to serve, but wasn't. Slap in the face for the common man, as well as the law abiding hunter in my opinion.

They more than likely will never pay that fine off, and go out and shoot what they want soon enough, high five to the judicial system in that county.
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Old 05-22-2011, 06:17 AM   #10
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What I don't get about poaching cases is why other items used in the crimes aren't taken from the criminals? The vehicle involved, guns, gear, and whatever else the LE could use to resale.

If the criminals lose their rig, they can't get into the hills!
If the criminals lose their gear, they can't get into the hills!
If the criminals lose their hunting rights, they can hunt within a few years!

I say that if convicted LIFE TIME ban from hunting, no gun ownership rights, and a tatoo on fore head "Poacher"!
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Old 05-22-2011, 06:33 AM   #11
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I was stocking fish by horseback with the Packwood Ranger (Washington) a few years back. It was about 10 days after hinting season was over.

We are moseying down the trail and on the distance a big group of men on horses is coming toward us. Immediately we see the pack horse carrying the largest set of antlers I'd ever seen.

The base sat on the withers and rack ended at the hocks. Ranger Cody whispers back not to say anything. We are both in uniform but he's the only one armed.

They come up and are making small talk with Harry. I'm looking around and noticing something interesting: no elk. Then I'm thinking worse case scenario that Harry and I have to make run for it and I'm on Bob the Forest Service horse that is about 30 years old and not at all inclined to go faster than a walk.

We move on down the trail with Harry falling in behind me. A little ways further and he gets on the radio and calls all Officers he can muster. We continue on.

Suddenly Bob the horse gets perky then both horses start snorting. I hold Harry's horse while he walks up to a tarp covered intact elk up the hill a ways. They didn't take anything.

He notes location and we finish our day. As we get to the truck the elk guys are pulling out. As we head out in our truck down the road all their trucks and trailers were surrounded by fish and wildlife officers and county.

I heard later some got jail time and they got their stuff taken away. My understanding was they were given the opportunity to buy some of it back.
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Old 05-22-2011, 02:08 PM   #12
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Default Re: Two Sentenced in Illegal take of Bull elk

I wouldnt belittle the crime, but we have all heard how expensive it is to imprison felons. That may have something to do with it.
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Old 05-22-2011, 02:27 PM   #13
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and a tatoo on fore head "Poacher"!

I like that idea alot!
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Old 05-22-2011, 05:38 PM   #14
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I like that idea alot!
Like "Inglorious ********" with Brad Pitt?
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Old 05-22-2011, 08:26 PM   #15
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Default Re: Two Sentenced in Illegal take of Bull elk

What a shame to only take the trophy and not the meat. I bet they shot it down in one of those deep canyons. Restitution penalties should be stiff, but I wouldn't toss them in prison over it. If they're in prison, they aren't paying their taxes, we are.

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Old 05-23-2011, 10:33 AM   #16
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Default Re: Two Sentenced in Illegal take of Bull elk

I am in the camp when its out and out poaching job like that make the fines jolt them so they will rethink it next time. I am not for jail time but I would like the fines high enough for wanton poaching that it hurts. They could be required to do a bunch of volunteer work for the OFWD.


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What a shame to only take the trophy and not the meat. I bet they shot it down in one of those deep canyons. Restitution penalties should be stiff, but I wouldn't toss them in prison over it. If they're in prison, they aren't paying their taxes, we are.

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Old 05-23-2011, 11:01 AM   #17
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Default Re: Two Sentenced in Illegal take of Bull elk

"It's because of poaching incidents like this involving large trophy class wildlife that the State of Oregon has pursued enhanced penalties for violators".

Sorry, but the penalty these two face absolutely do not fit under the definition of 'enhanced penalties' in my book. Essentially $7500 bucks each and 3 years no license? As others have suggested, how about 10 year loss of hunting license, loss of all guns, seizure of any vehicle used in conjuction with the crime, and $15,000 - $25,000 fine each. That would be more 'enhanced' in my mind.

Time to really teach these scumbags a lesson.
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Old 05-23-2011, 11:21 AM   #18
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Default Re: Two Sentenced in Illegal take of Bull elk

Jail Time NOT suspended and huge fines! Make an example out of these people. Because they are poachers I dont think they are to worried about not having a tag to hunt with and carrying illegal weapons for that matter.
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Old 05-23-2011, 11:45 AM   #19
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Default Re: Two Sentenced in Illegal take of Bull elk

Quote:
Originally Posted by Stacie L. Kelsey View Post
I was stocking fish by horseback with the Packwood Ranger (Washington) a few years back. It was about 10 days after hinting season was over.

We are moseying down the trail and on the distance a big group of men on horses is coming toward us. Immediately we see the pack horse carrying the largest set of antlers I'd ever seen.

The base sat on the withers and rack ended at the hocks. Ranger Cody whispers back not to say anything. We are both in uniform but he's the only one armed.

They come up and are making small talk with Harry. I'm looking around and noticing something interesting: no elk. Then I'm thinking worse case scenario that Harry and I have to make run for it and I'm on Bob the Forest Service horse that is about 30 years old and not at all inclined to go faster than a walk.

We move on down the trail with Harry falling in behind me. A little ways further and he gets on the radio and calls all Officers he can muster. We continue on.

Suddenly Bob the horse gets perky then both horses start snorting. I hold Harry's horse while he walks up to a tarp covered intact elk up the hill a ways. They didn't take anything.

He notes location and we finish our day. As we get to the truck the elk guys are pulling out. As we head out in our truck down the road all their trucks and trailers were surrounded by fish and wildlife officers and county.

I heard later some got jail time and they got their stuff taken away. My understanding was they were given the opportunity to buy some of it back.

So Stacie,

Are you saying this was the same incident or another one?

I'm amazed how few times these things get found out.

And I agree about stiffer penalties. This wasn't someone just getting some meat. Wanton poaching of a trophy animal should be held in a different regard IMO.
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Old 05-23-2011, 12:25 PM   #20
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Default Re: Two Sentenced in Illegal take of Bull elk

This is a simple theft case - nothing more. The animal belonged to the State, which had very little $ invested in it.

This is a not a murder or other heinous crime. I get tired of the forum-think that wants to string up poachers.
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Old 05-23-2011, 01:11 PM   #21
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OK DLA what do you suggest we do to curb poaching currently the fish and game estimates that poachers are taking 50% of the current number that hunters legaly take during the season. Our numbers especialy on deer are tanking we need to take some steps.

So what is your proposal? If fines arn't enough what is?


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This is a simple theft case - nothing more. The animal belonged to the State, which had very little $ invested in it.

This is a not a murder or other heinous crime. I get tired of the forum-think that wants to string up poachers.
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Old 05-23-2011, 01:16 PM   #22
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Gun rod the event I talked about was an incident that occurred about 5-6 years ago.

Personally I think whether you poach wildlife or fish the fines and jail time should be stiff enough it makes everyone think twice about doing it.

dla - Just because it's not murder doesn't mean it's not serious.
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Old 05-23-2011, 03:18 PM   #23
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Default Re: Two Sentenced in Illegal take of Bull elk

Stacie its amazing that those guys were so brazen they didn't say any thing and just rode by. That is a good thing but still Plus to have take horses and all the tack into the back country wow...

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Gun rod the event I talked about was an incident that occurred about 5-6 years ago.

Personally I think whether you poach wildlife or fish the fines and jail time should be stiff enough it makes everyone think twice about doing it.

dla - Just because it's not murder doesn't mean it's not serious.
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Old 05-23-2011, 03:36 PM   #24
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Default Re: Two Sentenced in Illegal take of Bull elk

Verry sad, i dont get how they can just give people a slap on the wrist for things like this. I think if you get caught poaching then you loose your gun rights/hunting rights. but heck thats what i think
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Old 05-23-2011, 03:41 PM   #25
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OK DLA what do you suggest we do to curb poaching currently the fish and game estimates that poachers are taking 50% of the current number that hunters legaly take during the season. Our numbers especialy on deer are tanking we need to take some steps.

So what is your proposal? If fines arn't enough what is?
I am curious also...then you add the fact that these are "trophy" animals and some of them are getting sold..then illegal guiding...state lines are crossed and you go federal...way to much profit out there for the guys that are doing it on a regular basis...I spend alot of money hunting and it ****** me off that people are taking,stealing or whatever you want to call it out of my pocket...

The state should be allowed to take everything they had with them when they committed the crime...if your hungry...shoot a cow
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Old 05-23-2011, 04:29 PM   #26
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ehunter- it was quite the site. They were packed to the gills with hunting stuff. It was fairly scary because we were so far away.

I imagine they thought neither one of us knew about the season since we were just stocking fish.
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Old 05-24-2011, 03:38 AM   #27
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What I don't get about poaching cases is why other items used in the crimes aren't taken from the criminals? The vehicle involved, guns, gear, and whatever else the LE could use to resale.

If the criminals lose their rig, they can't get into the hills!
If the criminals lose their gear, they can't get into the hills!
If the criminals lose their hunting rights, they can hunt within a few years!

I say that if convicted LIFE TIME ban from hunting, no gun ownership rights, and a tatoo on fore head "Poacher"!
Used to be that way in Alaska - might still be. Rough when a lot of folks up there travel by airplane. Fish and Wildlife held an auction every year and sold off the confiscated gear/rigs/vehicles.
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Old 05-24-2011, 04:04 AM   #28
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my jail for them cost money for me.... they should be felons, the "theft" of a trohy animal, is more than enough to be a felony... they should lose hunting rights for life , in all of the compact states... and lose all guns,they're felons , no need for them. and i think the 180 days should be in service for odfw and i think a min MINIMUM fine for trohy poaching should be $25,000 make it hurt the wallet, and people will stop!
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Old 05-24-2011, 06:06 AM   #29
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whats amazing is this "jorey peterson" was part of a poaching sceam about 4 yrs ago on a farm in hermiston!!!!!

"he" didn't get into alot of trouble then, because he was the driver his buddy shot 5-6 deer and they just left them lay.

now this, a SECOND issue related to poaching( although the first one where he pulled the trigger) and this is all he gets? the dude is an absolute scumbag, no hunter in my book, should absolutly never be allowed to "hunt" again, and be paying for this like it was child support.

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Old 05-24-2011, 06:27 AM   #30
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The dirtbag has probably sold numerous big bulls he poached already and is money ahead overall. The fine needs to be a LOT higher to really work like it's supposed to. Pulling a license of somebody that hunts without a proper tag will do nothing either!
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Old 05-24-2011, 07:21 PM   #31
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Thats stinking crapy makes me sick!
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Old 05-24-2011, 08:13 PM   #32
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They only got a 3 year hunting suspension which does not seem like much, but if you read further into it they were convicted of theft 1 which is a C felony, that means they are felons and cannot owns guns anymore.
yea ausome now they became real bow hunters how does that work guys get into troube so they are forced to bow hunt thanks oregon we already have enough compatishion
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Old 05-25-2011, 07:27 AM   #33
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So who do we need to scream at to get these 'enhanced penalties' to where they actually are enhanced and extremely punitive? I would think OHA would be one group to help take the lead, but what governing body actually sets these punishments?
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Old 05-25-2011, 11:41 AM   #34
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i think they goy what they deserved.. atleast we still know that OSP is out doing their job. . hope they catch all who does this kind of crap
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Old 05-25-2011, 12:38 PM   #35
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So who do we need to scream at to get these 'enhanced penalties' to where they actually are enhanced and extremely punitive? I would think OHA would be one group to help take the lead, but what governing body actually sets these punishments?
We need to use the anti's tactics. Make it very public with videos and pictures of dead and poached animals. And inform the public of the lack of punishment for these poachers.

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Old 05-25-2011, 01:01 PM   #36
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i think they goy what they deserved.. atleast we still know that OSP is out doing their job. . hope they catch all who does this kind of crap
OSP wouldn't know anything about this if a "buddy" didnt tip them off.

I beileve hunters have the biggest impact in catching stuff like this. OSP just has the authority to penalize them.
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Old 05-25-2011, 01:43 PM   #37
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If they're poaching in the first place, do you really think taking away their hunting privileges is going to do any good? I say hit them harder in the wallet and send em to jail!
Absolutely right
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Old 05-25-2011, 02:59 PM   #38
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So who do we need to scream at to get these 'enhanced penalties' to where they actually are enhanced and extremely punitive? I would think OHA would be one group to help take the lead, but what governing body actually sets these punishments?
In Oregon maximum penalties are established in Oregon Revised Statutes.(ORS) - and are therefore a function of our state legislature. Individual judges have great discretion in determining the penalty for any individual case. The penalties can vary for court to court, and county to county.

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OSP just has the authority to penalize them.
Not quite ...... OSP only has the authority to make arrests (or issue tickets), and seize evidence. Only a court of law has the authority to determine the penalty.
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Old 05-25-2011, 03:12 PM   #39
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In Oregon maximum penalties are established in Oregon Revised Statutes.(ORS) - and are therefore a function of our state legislature. Individual judges have great discretion in determining the penalty for any individual case. The penalties can vary for court to court, and county to county.



Not quite ...... OSP only has the authority to make arrests (or issue tickets), and seize evidence. Only a court of law has the authority to determine the penalty.
I have dealt with Umatilla County court( I wasn't the offender)....., They are WAY too easy on criminals across the board.
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Old 05-25-2011, 03:37 PM   #40
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Posts: 2,310
Default Re: Two Sentenced in Illegal take of Bull elk

Quote:
Originally Posted by Teeb View Post
Not quite ...... OSP only has the authority to make arrests (or issue tickets), and seize evidence. Only a court of law has the authority to determine the penalty.
True true, my bad.
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Old 05-25-2011, 04:20 PM   #41
boomstick
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Default Re: Two Sentenced in Illegal take of Bull elk

I had a couple ex-coworkers that was caught stealing from our employer. It was expensive stuff that was being offloaded through the internet (federal).

Anyways they both got felonies.

The judge had the opportunity to remove more than just their gun rights. There are edged weapon stipulations within the felony conviction. Under that definition the judge could have stated that hunting tips on arrows constitutes an edged weapon and the felon is unable to hunt at all, that's all it would take...

I don't believe in taking vehicles. You take a vehicle, you've removed the person ability to get to and from work.. if they don't work, the fine doesn't get paid.... so on, so forth...

All confiscated items should be listed and auctioned off to the public with their name attached to it. Their names should be given to the ODFW so they will be unable to purchase tags.. There is nothing connecting a felony conviction and their ability to purchase hunting licenses and tags. By removing their ability to purchase tags, it will be harder for them to take an animal to the meat locker, take a head to a taxidermist or drive from the hunting area with the animal in the back of a vehicle.

boomstick

Last edited by boomstick; 05-25-2011 at 04:29 PM.
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