Poaching news, did any of you see this yet?

[Cornbread]

Elk case hits OSP close to home
February 05, 2009 By Mark Freeman Mail Tribune 776-4470 mfreeman@mailtribune.com

PENDLETON — When teams of Oregon State Police troopers descended upon two houses and two pickups last fall, search warrants in hand, they were on the cusp of breaking open a Rocky Mountain elk-poaching case that was anything but routine.
Troopers seized global-positioning system units, arrows, a camera and myriad other items they hoped would link a Pendleton father and his son to the poaching of a branch-antlered bull shot and left to waste in the Umatilla National Forest.
A good case for the cops, if only it didn't involve one of their own.
The Oct. 1 searches were of the Pendleton house and cabin owned by Timothy Ernie Gallaher, who at the time was a senior trooper with the OSP's Fish and Wildlife Division — the very same group investigating him.
A police affidavit accuses the 51-year-old Gallaher of helping his son, a 22-year-old state prison guard named Timothy Charles Gallaher, in the poaching of a 6-by-7-point elk Sept. 21 near their family's cabin.
A fellow guard at the Eastern Oregon Correctional Institute says the younger Gallaher bragged about shooting the elk with his father's approval, according to the affidavit.
The guard also claims the younger Gallaher said his father offered to retrieve the downed elk and remove it using his OSP pickup truck, the affidavit states.
Police also suspect both Gallahers trespassed on private property to find the dead elk, but by then the antlered head was severed and gone, the affidavit states.
Neither man has been charged in the case, which is now in the hands of the district attorney in nearby Union County. The elder Gallaher retired in December, OSP records show.
Still, the investigation hangs like dirty laundry in the office of OSP Capt. Walt Markee, who considers the case against the Gallahers to be as strong as it is disappointing.
"Police officers take an oath to protect and serve, protect our resources and that's our expectation," says Markee, who heads the fish and wildlife division.
"We did our job, but it's not satisfying."
The elder Gallaher, a 28-year OSP veteran, isn't getting any special treatment because he was a trooper, Markee says.
And he's not getting a heavier hand because of it, either, Markee says.
"We're investigating it equally," Markee says. "We investigate crimes where we find them and let the facts fall where they fall.
"We certainly won't look the other way."
Union County District Attorney Tim Thompson said he is reviewing the case, and has discussed it with the elder Gallaher's attorney, Dave Gallaher — a former Umatilla County district attorney who is also the former trooper's brother.
Possible charges against the elder Gallaher include illegal aiding/counseling in a wildlife violation and official misconduct, both misdemeanors.
The Gallahers did not return telephone calls this week seeking comment.
The affidavit centers around four alleged conversations in late September between the younger Gallaher and fellow guard Josh Mitchell while on shift together at the Pendleton prison.
On Sept. 20, the younger Gallaher allegedly told Mitchell that he passed on shooting a 7-point bull while hunting in a spike-only hunt, then telephoned his father, the affidavit states. The elder Gallaher allegedly told his son that it was all right to shoot the branch-antlered bull, and that he would help retrieve the dead elk with his state pickup, according to the affidavit.
On Sept. 21 at the prison, a "visibly excited" younger Gallaher allegedly said he shot a 6-by-7-point bull in the neck that morning with an arrow he later found broken and bloodied, the affidavit states.
The younger Gallaher reportedly said he saw the elk wander into what he believed to be private property, then logged his location on a GPS system so he could give those coordinates to his father, according to the affidavit.
On Sept. 22, the younger Gallaher allegedly told Mitchell that the elder Gallaher asked for, but was denied, permission to search the private property for the dead elk, the affidavit states. The plan was for the elder Gallaher to return in his state police truck the next day to retrieve the animal, according to the affidavit.
Mitchell reported the conversations to his supervisors because he thought poaching was morally wrong and that he feared not reporting the conversations could lead to his dismissal, the affidavit states.
The Gallahers allegedly met later at their family cabin near Tollgate and were seen in the area repeatedly by OSP troopers who kept the pair under surveillance, the affidavit states.
The younger Gallaher later told Mitchell that the pair found the dead elk, without its antlers, on the private property, the affidavit states. Nearby were two dead calf elk with their backstraps missing, and the elder Gallaher believed a local poacher was involved.
"Junior told Mitchell that Senior was going to make a case against (the local poacher) regarding the calf and Senior would retrieve the 6X7 bull elk antlers in order to give them to Junior," the affidavit states.
The search warrant was signed two days later, records show.
Markee says the case was forwarded to Thompson without any recommended charges, just like his troopers do all the time.
"And he's innocent until proven guilty," Markee says, "just like everyone else."
Reach reporter Mark Freeman at 776-4470, or e-mail mfreeman@mailtribune.com.

[BrotherWolf]

It takes all kinds...wow

[Eagleclaw]

i wonder how many other times he's done it in his past... i doubt this was his first time crossing the line...

[Cornbread]

Originally Posted by Eagleclaw

i wonder how many other times he's done it in his past... i doubt this was his first time crossing the line...

My thoughts exactly.

[No Fences]

Not the first time I have heard of this kind of stuff and won't be the last. what a shame. If I was the judge and these two were found by the jury to be guilty, I would throw the book at them and make one heck of an example.

[Oregon-Jet]

I wonder if everyone cited and convicted by him for anything can get off now? it said he was going to make a case?
I have know this OSP officer for years and never had a problem out of him, but there has always been local talk around about the local game officer's and the ethics they use, i fear this may just the tip of the ice berg.

[Bearden]

It shows great character by their management to go after their own when they do something unethical. Good job, OSP.

Bearden

[Eagleclaw]

Originally Posted by Bearden

It shows great character by their management to go after their own when they do something unethical. Good job, OSP.

Bearden

it doesn't pass the smell test if you ask me.. This is the part that doesn't pass the smell test

"The Oct. 1 searches were of the Pendleton house and cabin owned by Timothy Ernie Gallaher, who at the time was a senior trooper with the OSP's Fish and Wildlife Division — the very same group investigating him.
A police affidavit accuses the 51-year-old Gallaher of helping his son, a 22-year-old state prison guard named Timothy Charles Gallaher, in the poaching of a 6-by-7-point elk Sept. 21 near their family's cabin.
A fellow guard at the Eastern Oregon Correctional Institute says the younger Gallaher bragged about shooting the elk with his father's approval, according to the affidavit.
The guard also claims the younger Gallaher said his father offered to retrieve the downed elk and remove it using his OSP pickup truck, the affidavit states.
Police also suspect both Gallahers trespassed on private property to find the dead elk, but by then the antlered head was severed and gone, the affidavit states.
Neither man has been charged in the case, which is now in the hands of the district attorney in nearby Union County. The elder Gallaher retired in December, OSP records show."

The searched his home on Oct. 1st but they haven't charged him yet and it's Feb 5th??? yeah way to go OSP.

[Limbhanger]

Now if he only owed a bunch taxes we could probably find a cushy job for him

[Mello-Yello]

Originally Posted by Eagleclaw

it doesn't pass the smell test if you ask me.. This is the part that doesn't pass the smell test

"The Oct. 1 searches were of the Pendleton house and cabin owned by Timothy Ernie Gallaher, who at the time was a senior trooper with the OSP's Fish and Wildlife Division — the very same group investigating him.
A police affidavit accuses the 51-year-old Gallaher of helping his son, a 22-year-old state prison guard named Timothy Charles Gallaher, in the poaching of a 6-by-7-point elk Sept. 21 near their family's cabin.
A fellow guard at the Eastern Oregon Correctional Institute says the younger Gallaher bragged about shooting the elk with his father's approval, according to the affidavit.
The guard also claims the younger Gallaher said his father offered to retrieve the downed elk and remove it using his OSP pickup truck, the affidavit states.
Police also suspect both Gallahers trespassed on private property to find the dead elk, but by then the antlered head was severed and gone, the affidavit states.
Neither man has been charged in the case, which is now in the hands of the district attorney in nearby Union County. The elder Gallaher retired in December, OSP records show."

The searched his home on Oct. 1st but they haven't charged him yet and it's Feb 5th??? yeah way to go OSP.

If you want to stick him good, you don't press charges until you know for fact you have a strong case. Do it before then and it's over. My guts say they know what they're doing.

M-Y

[Roguerunner]

Originally Posted by Eagleclaw

i wonder how many other times he's done it in his past... i doubt this was his first time crossing the line...

that not just crossing the line...... thats jumping over it and setting up camp.
How do people have the guts to do that stuff?

[huntercgr]

If you want to stick him good, you don't press charges until you know for fact you have a strong case. Do it before then and it's over. My guts say they know what they're doing.

So true. Wildlife crimes that don't have witnesses involves a lot of leg work. Possible DNA testing, etc. It all takes time. And it also means normal daily "patrolling" still has to go on.

[bo4elk]

Sad story. I can guess where the cabin is. I also recognize the name. Anyone remember a wildlife case where the investigative officers name was Gallaher?

[mtn300]

Sad deal I have been checked by him when duck hunting a long time ago. He even came to our school when I was in high school and talked about what the department did. I would talk to him at the sportsmen show in pendleton. It makes it tough to trust the people who are suppose to uphold the law. There is another game warden in the general area who has pulled friends of mine over and rummaged through their rig with no probable cause. It makes you wonder how many more are out there.

[Bow Kill]

Originally Posted by Eagleclaw

it doesn't pass the smell test if you ask me.. This is the part that doesn't pass the smell test

"The Oct. 1 searches were of the Pendleton house and cabin owned by Timothy Ernie Gallaher, who at the time was a senior trooper with the OSP's Fish and Wildlife Division — the very same group investigating him.
A police affidavit accuses the 51-year-old Gallaher of helping his son, a 22-year-old state prison guard named Timothy Charles Gallaher, in the poaching of a 6-by-7-point elk Sept. 21 near their family's cabin.
A fellow guard at the Eastern Oregon Correctional Institute says the younger Gallaher bragged about shooting the elk with his father's approval, according to the affidavit.
The guard also claims the younger Gallaher said his father offered to retrieve the downed elk and remove it using his OSP pickup truck, the affidavit states.
Police also suspect both Gallahers trespassed on private property to find the dead elk, but by then the antlered head was severed and gone, the affidavit states.
Neither man has been charged in the case, which is now in the hands of the district attorney in nearby Union County. The elder Gallaher retired in December, OSP records show."

The searched his home on Oct. 1st but they haven't charged him yet and it's Feb 5th??? yeah way to go OSP.

Dont bang the OSP it will be the district attorney bringing those charges.

[Gun Rod Bow]

It makes my guts hurt to think of an OSP Gamie doing this. The ones I know would be steamed beyond belief.

I think Captain Markee's public comments are "public comments" and this whole thing makes me sad for the Department.

Sounds like enough evidence for there to be prosecution.

Really sad.

[WSU]

I'm impressed that OSP didn't extend him any "professional courtesy."

[DakotaTheKiller]

How does one work up the guts to do anything this dumb? Really bothers me..

[CombinationLicense]

Originally Posted by Gun Rod Bow

It makes my guts hurt to think of an OSP Gamie doing this. The ones I know would be steamed beyond belief.

I think Captain Markee's public comments are "public comments" and this whole thing makes me sad for the Department.

Sounds like enough evidence for there to be prosecution.

Really sad.

Well said GRB

"CL"

[Bait O' Eggs]

Originally Posted by Gun Rod Bow

I think Captain Markee's public comments are "public comments"

He knows how to pile it high

[Teeb]

Folks, we all must remember:
The first post of this thread is just a newspaper report about the case – nothing more and nothing less. It is only a glimpse of what must be a lengthy and detailed investigation. There is certainly much more information in reports being reviewed by the District Attorney responsible for the case. Until the whole story is told, passing judgement is unfair, unwise, and premature. I know that allegations of poaching make us all mad. And when a game officer might be involved, it cuts even deeper. It is understandable and easy to lash out. But we must be cautious and exercise restraint.

The wheels of justice sometimes turn slowly, and they should. Better they be painfully slow than an error be made. And suggesting that the alleged actions of one might indicate bad conduct by others in OSP is simply unjust and unfair.

Legal procedures are in place for many reasons. Ideally they insure that everyone’s interests are considered and protected. And they need to be followed ----- irrespective of who is involved. Our founding fathers designed a fair and balanced legal system. We all have the right to defend ourselves in a court of law. There is a saying that is pertinent to this and many other situations: Nothing ruins a good story like the other side of it. Until the whole truth is known, let’s be patient.

[rbkircher]

Very nicely said Teeb. No matter how flat a pancake is, there are still two sides to it!

[Bow Kill]

A poacher is a poacher

[Tar Heel]

makes you wonder how many elk are lot to poachers every yr? i would be just a little more than mad about this were i a bow hunter fair chasing these ever more scarce animals your tax and lic. fees at work!

[HonkerKnocker]

pheeww sure makes you have faith in those that have taken the oath to protect and serve. It's great that OSP went after this guy even though he was one of their own. I believe that everyone is innocent until proven guilty, but as stated above a poacher is a poacher, regardless of whether your a trooper or not.If he is found guilty I hope they throw the book at him. To many times crimes go unpunished because the perps associated with or is the law. Just because you are the law doesnt make you above it.

[Teeb]

Originally Posted by Bow Kill

A poacher is a poacher

I agree with you. But in this case the legal process is incomplete. Please remember ….. In our judicial system, each and every man must be presumed innocent until proven guilty.

[ErnestE]

Originally Posted by Teeb

I agree with you. But in this case the legal process is incomplete. Please remember ….. In our judicial system, each and every man must be presumed innocent until proven guilty.

Re: Sr. Trooper Tim Gallaher, OSP Pendleton, Game Division
Date: February 3, 2009

RESPONSE TO PUBLICIZED SEARCH WARRANT AFFIDAVIT

Sr. Trooper Tim Gallaher, 28-year career Oregon State Police game officer, is prepared to take responsibility for his after-the-fact actions in regard to the illegal bull elk allegedly killed by his son. However, his actions bear no resemblance to the false statements contained in the widely publicized Affidavit for Search Warrant filed in the Union County Circuit Court.

Those statements are for the most part false, whether they were actually made by Sr. Trooper Gallaher’s son or not. In fact, the only material truth in those statements is that Sr. Trooper Gallaher’s 21-year old son shot a bull elk with branched antlers, while lawfully hunting by himself with a spike elk tag.

Tim Gallaher, Jr., the son, is a very inexperienced hunter who has never shot any elk before, having only hunted the last few years. He was raised in Portland and only last year moved out to Eastern Oregon to take a job with the prison and live with his dad. He is a very good-hearted young man who, in his inexperience and excitement while hunting lawfully with a spike elk tag, made a mistake.

Understandably, he was not truthful with his father, Sr. Trooper Gallaher, about the details of the incident and portrayed it as a possible accident. He then fell under the sway of a newly made false friend at the prison, the informant who gave the State Police all of the statements in the Search Warrant Affidavit that he claims Gallaher Jr. made to him.

This matter has been in the hands of the appropriate prosecutor in Union County, the county where the elk was killed. We have previously conveyed the following information to the District Attorney and have been cooperating in the criminal justice process.

Ordinarily, we would not make this statement to the press while the matter is pending to protect Sr. Trooper Gallaher’s constitutional rights, but the publication of the Search Warrant Affidavit, and the wide dissemination of the multitude of false statements reported in it, demand a response, even if Sr. Trooper Gallaher gives up some of his constitutional protections by giving it.

Here are the facts: before any of the Search Warrant Affidavit statements were reportedly made to the informant by the son, Sr. Trooper Gallaher was told by his son, on September 19, 2008, that the son had attempted to shoot a legal spike elk and instead shot over its back and he thought he "could have” hit an illegal, immature, so-called “rag horn” branch-antlered elk, which was standing behind the spike, in the neck. Gallaher Jr. told his father that he searched thoroughly for blood and could find none.

Sr. Trooper Gallaher went to the scene his son described the next day, September 20, 2008 to try to determine if his son had indeed hit an illegal “rag horn” immature branch-antlered elk. Just as he would have done in his official capacity if anybody had reported such a possible accident. He could find no evidence that the event had occurred. No blood, no trail.

Then, on September 21, 2008, while on his pre-scheduled vacation, hunting alone in the same area, a family hunting ground within a few miles of the family cabin in the Tollgate vicinity, Sr. Trooper Gallaher found a dead, spoiled, “mature” branch-antlered bull elk, nearly 1/8 of a mile away from his son’s reported incident, but within 100 yards of the tree stand of a person Sr. Trooper Gallaher believed to be a suspect in an illegal cow elk case he was working before his vacation. That person was also camped in the area.

On top of being a mature bull elk rather than a “rag horn” immature bull elk, the elk appeared to have been wounded in the brisket area of the chest rather than the neck. Because of the dissimilarities between the found bull and the bull described by his son, Sr. Trooper Gallaher believed there was at least an equal likelihood that the bull had been killed by the suspect in the cow killing case or could have been wounded and lost by another lawful or unlawful hunter under any number of legal or illegal circumstances.

Sr. Trooper Gallaher then removed the horns from the bull and stashed them at a location away from the bull to prevent their recovery by his original suspect or any other violator or uninvolved passerby until he continued his investigation after his vacation. He moved the horns the next day to a site further from the carcass and the nearby camp and closer to a forest service road for easier location later.

He then he confronted his son with the information concerning the bull he had found.
Gallaher Jr., at that point, admitted to his father that he may have shot a mature bull, not a “rag horn”.

From that point on Sr. Trooper Gallaher was caught between his duty as an officer of the law and his paternal instincts. He did nothing further with respect to the bull or the horns and never has had any further contact with either.

Neither he nor his son possessed the horns after that and he anticipated they would be located where he had marked them on his GPS which was taken from him by the investigators. They apparently were not located. He did not further investigate the case.

When the found bull was reported to him by the very person he originally believed to have been a suspect, Sr. Trooper Gallaher forwarded the report to his on-duty colleague, another Sr. Trooper game officer in Pendleton, for possible investigation, but omitted to disclose his son’s involvement or his own actions.

That is where he fell off the tight wire he was trying to walk between his police officer’s head and his father’s heart and that is what he stands ready to take responsibility for, having already ended his otherwise unblemished career by his unsolicited retirement.

The Oregon State Police investigation thoroughly refutes the truth of many, if not most, of Gallaher Jr.’s alleged statements to the informant. It absolutely supports Sr. Trooper Gallaher’s version of the physical facts and dates of relevant occurrences, which, in and of itself puts the lie to many of the statements reported in the publicized search warrant affidavit.

Gallaher Jr. has admitted that he was not initially truthful with his father. He has denied making many of the statements claimed by the informant. But, whether he made them or not, they have been shown to be false in most material respects by the facts as developed in the investigation reports.

In particular, Gallaher Jr. confirms that he never told his father of any intent to hunt branch-antlered bull elk and his father never approved of such behavior. Neither did Sr. Trooper Gallaher ever offer to transport a branch-antlered elk in his official vehicle.

The elk was shot and died exclusively on public, forest service land, it was never on private property. Sr. Trooper Gallaher never asked for, or was denied, permission from any landowner to enter private property to look for the elk. These facts, as to location being entirely on public land, are absolutely supported by the investigation report.

The state police investigation proved beyond a shadow of a doubt that many of the material statements reportedly made by Gallaher Jr., were not true, as the following examples illustrate:
Jr. shot the elk before his alleged statements claim he even started hunting for such an elk;
Jr. did not recover a broken piece of his bloody arrow;
the elk was never transported in any vehicle, let alone Sr.Trooper Gallaher’s official vehicle;
the elk was not located on private property as Gallaher Jr. purportedly said;
Sr. Trooper Gallaher had not contacted any private property owners seeking entry onto such land;
the elk was located by Sr. Trooper Gallaher a full week before Gallaher Jr. purportedly acknowledged an elk carcass was located;
the elk carcass was located by Sr. Trooper Gallaher alone, not in the company of Gallaher Jr. a week later, as Jr.’s claimed statements would have it; and on and on and on.

A search was conducted of Sr. Trooper Gallaher’s house, cabin and vehicles and no elk, elk meat, elk blood, or elk horns were found, in his home or in his vehicles, official or otherwise.

s/ David D. Gallaher
Attorney for Sr. Trooper Tim Gallaher, Ret.

[Bow Kill]

Originally Posted by ErnestE

Re: Sr. Trooper Tim Gallaher, OSP Pendleton, Game Division
Date: February 3, 2009

RESPONSE TO PUBLICIZED SEARCH WARRANT AFFIDAVIT

Sr. Trooper Tim Gallaher, 28-year career Oregon State Police game officer, is prepared to take responsibility for his after-the-fact actions in regard to the illegal bull elk allegedly killed by his son. However, his actions bear no resemblance to the false statements contained in the widely publicized Affidavit for Search Warrant filed in the Union County Circuit Court.

Those statements are for the most part false, whether they were actually made by Sr. Trooper Gallaher’s son or not. In fact, the only material truth in those statements is that Sr. Trooper Gallaher’s 21-year old son shot a bull elk with branched antlers, while lawfully hunting by himself with a spike elk tag.

Tim Gallaher, Jr., the son, is a very inexperienced hunter who has never shot any elk before, having only hunted the last few years. He was raised in Portland and only last year moved out to Eastern Oregon to take a job with the prison and live with his dad. He is a very good-hearted young man who, in his inexperience and excitement while hunting lawfully with a spike elk tag, made a mistake.

Understandably, he was not truthful with his father, Sr. Trooper Gallaher, about the details of the incident and portrayed it as a possible accident. He then fell under the sway of a newly made false friend at the prison, the informant who gave the State Police all of the statements in the Search Warrant Affidavit that he claims Gallaher Jr. made to him.

This matter has been in the hands of the appropriate prosecutor in Union County, the county where the elk was killed. We have previously conveyed the following information to the District Attorney and have been cooperating in the criminal justice process.

Ordinarily, we would not make this statement to the press while the matter is pending to protect Sr. Trooper Gallaher’s constitutional rights, but the publication of the Search Warrant Affidavit, and the wide dissemination of the multitude of false statements reported in it, demand a response, even if Sr. Trooper Gallaher gives up some of his constitutional protections by giving it.

Here are the facts: before any of the Search Warrant Affidavit statements were reportedly made to the informant by the son, Sr. Trooper Gallaher was told by his son, on September 19, 2008, that the son had attempted to shoot a legal spike elk and instead shot over its back and he thought he "could have” hit an illegal, immature, so-called “rag horn” branch-antlered elk, which was standing behind the spike, in the neck. Gallaher Jr. told his father that he searched thoroughly for blood and could find none.

Sr. Trooper Gallaher went to the scene his son described the next day, September 20, 2008 to try to determine if his son had indeed hit an illegal “rag horn” immature branch-antlered elk. Just as he would have done in his official capacity if anybody had reported such a possible accident. He could find no evidence that the event had occurred. No blood, no trail.

Then, on September 21, 2008, while on his pre-scheduled vacation, hunting alone in the same area, a family hunting ground within a few miles of the family cabin in the Tollgate vicinity, Sr. Trooper Gallaher found a dead, spoiled, “mature” branch-antlered bull elk, nearly 1/8 of a mile away from his son’s reported incident, but within 100 yards of the tree stand of a person Sr. Trooper Gallaher believed to be a suspect in an illegal cow elk case he was working before his vacation. That person was also camped in the area.

On top of being a mature bull elk rather than a “rag horn” immature bull elk, the elk appeared to have been wounded in the brisket area of the chest rather than the neck. Because of the dissimilarities between the found bull and the bull described by his son, Sr. Trooper Gallaher believed there was at least an equal likelihood that the bull had been killed by the suspect in the cow killing case or could have been wounded and lost by another lawful or unlawful hunter under any number of legal or illegal circumstances.

Sr. Trooper Gallaher then removed the horns from the bull and stashed them at a location away from the bull to prevent their recovery by his original suspect or any other violator or uninvolved passerby until he continued his investigation after his vacation. He moved the horns the next day to a site further from the carcass and the nearby camp and closer to a forest service road for easier location later.

He then he confronted his son with the information concerning the bull he had found.
Gallaher Jr., at that point, admitted to his father that he may have shot a mature bull, not a “rag horn”.

From that point on Sr. Trooper Gallaher was caught between his duty as an officer of the law and his paternal instincts. He did nothing further with respect to the bull or the horns and never has had any further contact with either.

Neither he nor his son possessed the horns after that and he anticipated they would be located where he had marked them on his GPS which was taken from him by the investigators. They apparently were not located. He did not further investigate the case.

When the found bull was reported to him by the very person he originally believed to have been a suspect, Sr. Trooper Gallaher forwarded the report to his on-duty colleague, another Sr. Trooper game officer in Pendleton, for possible investigation, but omitted to disclose his son’s involvement or his own actions.

That is where he fell off the tight wire he was trying to walk between his police officer’s head and his father’s heart and that is what he stands ready to take responsibility for, having already ended his otherwise unblemished career by his unsolicited retirement.

The Oregon State Police investigation thoroughly refutes the truth of many, if not most, of Gallaher Jr.’s alleged statements to the informant. It absolutely supports Sr. Trooper Gallaher’s version of the physical facts and dates of relevant occurrences, which, in and of itself puts the lie to many of the statements reported in the publicized search warrant affidavit.

Gallaher Jr. has admitted that he was not initially truthful with his father. He has denied making many of the statements claimed by the informant. But, whether he made them or not, they have been shown to be false in most material respects by the facts as developed in the investigation reports.

In particular, Gallaher Jr. confirms that he never told his father of any intent to hunt branch-antlered bull elk and his father never approved of such behavior. Neither did Sr. Trooper Gallaher ever offer to transport a branch-antlered elk in his official vehicle.

The elk was shot and died exclusively on public, forest service land, it was never on private property. Sr. Trooper Gallaher never asked for, or was denied, permission from any landowner to enter private property to look for the elk. These facts, as to location being entirely on public land, are absolutely supported by the investigation report.

The state police investigation proved beyond a shadow of a doubt that many of the material statements reportedly made by Gallaher Jr., were not true, as the following examples illustrate:
Jr. shot the elk before his alleged statements claim he even started hunting for such an elk;
Jr. did not recover a broken piece of his bloody arrow;
the elk was never transported in any vehicle, let alone Sr.Trooper Gallaher’s official vehicle;
the elk was not located on private property as Gallaher Jr. purportedly said;
Sr. Trooper Gallaher had not contacted any private property owners seeking entry onto such land;
the elk was located by Sr. Trooper Gallaher a full week before Gallaher Jr. purportedly acknowledged an elk carcass was located;
the elk carcass was located by Sr. Trooper Gallaher alone, not in the company of Gallaher Jr. a week later, as Jr.’s claimed statements would have it; and on and on and on.

A search was conducted of Sr. Trooper Gallaher’s house, cabin and vehicles and no elk, elk meat, elk blood, or elk horns were found, in his home or in his vehicles, official or otherwise.

s/ David D. Gallaher
Attorney for Sr. Trooper Tim Gallaher, Ret.

The law is the law and a lie is a lie therefore poaching is poaching. Should have maned up and did the right thing. The kid should loose his job as well if the stated facts you have spoke of are true. Sad story.... Could have been one more tag to a true hunter.

[Nw dukn]

Face facts he was just caught red handed..

[brokenaxle3]

Imho, this doesnt sound like poaching, it sounds like some very poor decision making by both parties.

I would hesitate to guess that these folks names in the law enforcement and public communities have been irreperribly tarnished. A good reminder for us all to take very seriously our target selection, shot placement, backdrop, etc, etc. Could have been a person on the other side of the supposed spike.

That being said, I wish all poachers the worst the law allows! or worse if i catch you.

[sooslaw]

The response from the suspects bother/attorney are riduculous to believe. How the heck the the kid at work know to report what he did if JR didnt say anything? Then it goes on to say ol dad did nothing wrong until a certain point - um, ya. he knew about the "accidental" shooting and failed to file a report. Went out there off duty and located it. moved the head. which brother say he never transprted it, but he moved it twice. Give me a break. Then what really ****** me off is they let guys like this retire before he loses job so he get full benefits of retirement. Dad and Jr are at a point where they already know they are going down for this and are playing the " one of us getting in trouble instead of both of us" game. so Jr is taking the full hit. THROW THE BOOK AT THIS JERK. Then they also said Jr had little experience and knowledge about elk. highly doubt it when dad is a gamie.

[GDuck]

Originally Posted by sooslaw

The response from the suspects bother/attorney are riduculous to believe. How the heck the the kid at work know to report what he did if JR didnt say anything? Then it goes on to say ol dad did nothing wrong until a certain point - um, ya. he knew about the "accidental" shooting and failed to file a report. Went out there off duty and located it. moved the head. which brother say he never transprted it, but he moved it twice. Give me a break. Then what really ****** me off is they let guys like this retire before he loses job so he get full benefits of retirement. Dad and Jr are at a point where they already know they are going down for this and are playing the " one of us getting in trouble instead of both of us" game. so Jr is taking the full hit. THROW THE BOOK AT THIS JERK. Then they also said Jr had little experience and knowledge about elk. highly doubt it when dad is a gamie.

Knowing enough about that family name over there, I agree with the comments made prior that they would have to be felony STUPID to plan something like this.....and that is my point: these folks are all well respected and are not dumb enough to have planned this out. If so they never would have been caught. That is why I would believe the above account from his brother the attorney. Dad could and did retire, he's safe, the kid will probably be charged with a variety of things. This wouldn't be the first person to miss one animal and hit another, be it bow, muzzle loader (Bill you reading this ) or rifle. The kid should have told dad the truth up front. He may or may not have been in any trouble at all depending on any determination if it was the same bull. That's where dad needed to get to a phone and call his boss, problem solved, bring the horns out later, etc. Dad's error was trying to take care of his kid, and the end result is a situation 1000 times greater than what would have happened in the first place.

As for dad losing his retirement, doesn't work that way. He put his time in, its his retirement, no one can take it, not in this State.

G

[Teeb]

Good points GDuck
In Kenny Chesney's words - I'm never sure when the truth won't do ...

[Bow Kill]

Originally Posted by GDuck

Knowing enough about that family name over there, I agree with the comments made prior that they would have to be felony STUPID to plan something like this.....and that is my point: these folks are all well respected and are not dumb enough to have planned this out. If so they never would have been caught. That is why I would believe the above account from his brother the attorney. Dad could and did retire, he's safe, the kid will probably be charged with a variety of things. This wouldn't be the first person to miss one animal and hit another, be it bow, muzzle loader (Bill you reading this ) or rifle. The kid should have told dad the truth up front. He may or may not have been in any trouble at all depending on any determination if it was the same bull. That's where dad needed to get to a phone and call his boss, problem solved, bring the horns out later, etc. Dad's error was trying to take care of his kid, and the end result is a situation 1000 times greater than what would have happened in the first place.

As for dad losing his retirement, doesn't work that way. He put his time in, its his retirement, no one can take it, not in this State.

G

Its to sad but my guess this will also way heavy on the cases he has (had) pending. And possably some convictions.

[Rank Amateur]

It seems to me, a lot of the problem in cases like this is, that there is no clear set of guide lines of what to do if you accidentally kill a non-targetted animal. If the rules were that you make immediate contact and then try to salvage the animal and that you benefit in no regards from the accident, that a lot of this type of cases would go away. Somebody that has repeated accidents need to have an esculating penalty for being careless. As it is now, you are the same as a poacher if you make a mistake, it seems the law is blind to intent. I have seen this play out in court and the guys that said they had an accident got the same fine as a guy who took a cow during the rifle bull season with a archery tag! Anybody can make a mistake and I'm not talking mistaking people for animals so don't go there!

The way it is now, it depends on the officer you turn yourself in to and the outcome is not the same each time.

[Lift Gate Gus]

Sounds like a good cover up story to a poaching job gone bad. Dumb kid shot a branch bull and could not find it. "An inexperienced hunter" the kid probably would not have known what to do with it if he did find it.
Make an example out of these two perps so they cannot further destroy and already declining elk population for the rest of us.

[GDuck]

Originally Posted by Rank Amateur

It seems to me, a lot of the problem in cases like this is, that there is no clear set of guide lines of what to do if you accidentally kill a non-targetted animal. If the rules were that you make immediate contact and then try to salvage the animal and that you benefit in no regards from the accident, that a lot of this type of cases would go away. Somebody that has repeated accidents need to have an esculating penalty for being careless. As it is now, you are the same as a poacher if you make a mistake, it seems the law is blind to intent. I have seen this play out in court and the guys that said they had an accident got the same fine as a guy who took a cow during the rifle bull season with a archery tag! Anybody can make a mistake and I'm not talking mistaking people for animals so don't go there!

The way it is now, it depends on the officer you turn yourself in to and the outcome is not the same each time.

Bingo. Couldn't have said it better.

G

[lake creek charlie]

The searched his home on Oct. 1st but they haven't charged him yet and it's Feb 5th??? yeah way to go OSP. He is guilty of not only breaking 25 laws, but in lying about the events. If he was joe Q citizen, he would be arrested and bailed and then would have the chance to prove his innocence. STINKS