[JeffP_Or]

OSP got one out of Elgin:

On October 1, 2022, the opening day of the rifle deer season, deer hunters contacted Oregon State Troopers to advise they had located a deceased bull elk. The bull elk was located on private timber company lands off Kingsbury Lane north of Elgin, Oregon in the Wenaha Wildlife Management Unit. Fish and Wildlife Troopers responded to the scene and determined the bull elk had been shot from Kingsbury Lane with a rifle and had been left to waste. The elk had been shot a couple of days prior and no part of the elk had been removed or any attempt to salvage the meat had been taken.

With the public's assistance, Troopers developed a suspect in the case. Cody Murrill, (42) of Elgin, Oregon, was interviewed, cited, and released to appear in court for criminal charges of Unlawful Take of a Branch Antlered Bull Elk and Waste of Wildlife.

On January 20, 2023, Cody Murrill appeared in the Union County Circuit Court and plead guilty to the charges. He was sentenced to 10 days in jail; 12 months’ probation; forfeiture of the rifle used in the unlawful taking, and $440 in fines.

ORIGINAL on TWITTER

 

[JeffP_Or]

Didn't Oregon hire a specialty DA just to assist with poaching crimes recently - like in 2021/22? Is this the result we can expect from that? Certainly there is more to this - must have been some claim re: livelihood - that seems to result in lesser penalties and fewer confiscations for this across Oregon.

Fully agree with @Whatchaketchemon !

 

[JeffP_Or]

The special DA assists in the prosecution of complex cases where the locals don't have the resources / expertise.

So perhaps I should have included "request to assist" since apparently the local DA/judge/Trooper didn't ask for help in making the case - especially since he pleaded.

Penalties are set within Oregon Statutes and applied by the presiding Judge. IF you think this offender should have gotten 10-months, then you need to change Oregon's sentencing guidelines. Talk to your legislator.

There has been a big push over the 5-10 years to increase penalties; OHA did a big push to get 'trophy' and associated fines added. Presumably his pleading guilt got him something. The basic Class A misdemeanor MAXIMUM, which this would appear, to be is $6250. Perhaps too the Commission did not go looking for damage restitution - that alone for elk is $5k; $15k if it is a 6-pt.
It is apparent that at $400 and 10-days, there was determined to be some financial hardship involved? He was a hunter though as there is some social media out there associated with his name. Google turned up info from at least 2017.

NEWS ARTICLE with PLEA

Does a person get a response if they request of the court the reasoning behind a ruling/judgement?

 

[JeffP_Or]

.... brought to the attention of the state attorney general .....

I was going to note the propensity of the OAG to occupy her time in other 'immediate' defenses but figured it would go too political and get this shut-down....so, I'll agree with @killaz and leave it at 'pipe dream'.

I may put in a simple inquiry to OSP tropper for that area and the Union Cty DA for some insight - this is rather intriguing and something has to be missing.

 

[JeffP_Or]

How should ODFW be involved?

Personally, to my mind, the commission noses into all sorts of things - at this point, they have agreed to increase public awareness and education for the poaching that occurs here. They committed to legislators that we have a big problem. With something like this, why wouldn't they step up and take notice to apply some pressure?
Doubtful they have any real role to play but applying pressure to those who do would be helpful if they are serious about doing anything [beyond making money of course....].

EDIT To ADD: appears that by law - the restitution fines for wildlife has to start with ODFW Commission being a part of the court proceedings. The 'trophy' value comes from the restitution - this case as published - appears to have none. That would be another way the Commission could do something.

 

[JeffP_Or]

UPDATE [EDITED To ADD OSP information]: inquiry to OSP was late yesterday and heard back; as always, the OSP F&W responded quickly. OSP felt they had a good case but are also noted there was little outcome for the effort which they agree does happen; they noted there is not anything more to story and often more issues factor in the adjudication of cases. They also explained the TROPHY charge was not pursued as the bull did not meet the ORS criteria as it was a 5x6 and not 6x6. They recommended reaching out to the court and legislators to positively advocate further for better awareness and prosecution.

It appears Oregon Circuit Court info is searchable for free online for basic proceeding info that gets you a persons 'rap sheet' as well as court case info; all searchable by name: OREGON CIRCUIT COURT

Deputy DA Reed West
Judicial Officer Thomas Powers

The long/short of it appears the case may not have been as strong as it outwardly appears [no idea why/why not] and it also appears ODFW did not go for the trophy charge. There were three charges; one was dismissed [presumably a 'trespassing' charge under 498.002 since the timber company would have had to get involved? Perhaps it was A&H land so there was no real charge there? All guesses....]. The defendant plead out as we know:

Since he pleaded and since they apparently agreed to 10-days in jail, the fine was probably adjusted lower as a result. Additionally, the 1-year probation includes a hunting/fishing license suspension - so the OSP press update did not include that [or inferred it and was missed]:

A person can go an get the poachers history on the website linked above - there are other cases on his sheet dating back to 2001; this appears to be the only wildlife crime.

The full report from this case is attached; the source of the excerpts above and the result of the public database search linked above.

 

[JeffP_Or]

....There should be levels of differing severity and also about culpable mental state. I don't know what those are but there should be. There is a difference of wanton killing for no reason (this case), killing to get the rack and killing and taking the meat....

Class A for Culpable.
Class D for Non-culpable.

FURTHER UPDATE: was able to contact to contact the Union County Circuit Court Trial Court Administrator, very nice and succinct with their response to my queries. They declined to comment based on the direction of my questions and referred me to the DA's office. The court only responds to the case as presented and has does not interpret how or why it arrived to the court in the manner it did.

I guess I should have paid more attention in that civics class back in high school -

 

[JeffP_Or]

excellent information and analysis 😊👍

Thanks @loper however, in digging again I found the trophy reference as stated was actually wrong.

It is the Commission's responsibility to file/pursue for restitution - which it appears they did not do in this case - and there are two levels:

Any old elk: $5000
Trophy Elk: $15,000

The incorrect note that I included, based on not confirming the OSP input, was the 5x6 is NOT considered TROPHY. THAT is incorrect - all it takes is 6-points on ONE antler:

Again though, this is the responsibility of 'our' ODFW Commission to file apparently.

 

[JeffP_Or]

the convicted poacher used “I needed the meat” as his actual defense...

Did you get that from the DA or ??

...what a crock of &$&$

Completely agree. Especially as you point out - he left it, total & complete waste.