[Teeb]

I think ODFW should be involved in major poaching cases so the outcome doesn't end up being discussed like this on the internet.

Cases like this need to be brought to the attention of the state attorney general so somebody with some clout can insure it doesn't happen again. In this case, the court was just as guilty as the poacher.

How should ODFW be involved?

 

[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.

 

[DogZilla15]

Teeb: Mostly as an observer/consultant on the prosecution side to guide some aspects of the trial like sentencing. Make sure the court knows what laws are involved and the appropriate punishment for each offense. An awareness thing so the court has the tools to function and produce a satisfactory outcome.

 

[gofishcamp]

Yes, but 10 of those months you get to spend at a state sanctioned “hotel”.

he only got to spend 10 DAYS in the luxury hotel, meanwhile takes more then 10 years to get even in the hunt to win a draw tag, fine should have been closer to 4K

 

[killaz]

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.

keep trying to fight the good fight brotha🍻

 

[loper]

Still baffle on this one.

1.Looks to be a 6 point bull? 4th broke near main beam

Regarding #1: my friend emailed OSP asking the same thing 🤔

 

[stillwater97]

Shooting a bull elk out of season in a unit that takes 20+ points to draw should have a more severe punishment than that. I would hunt Wenaha every year for $440.

castration seems about right.

 

[kaseyfield]

Ha! That’s a pretty ridiculous story. I’m guessing the OSP officer thought as much too.

Lol.. im with sam... you dont shoot a bear cus he grabbed a call. Good on osp for thinking the same

Kasey

 

[dirtman]

Another one with a lame excuse...

'Elk fever': Man mortally wounds at least four elk after shooting into herd, ODFW reports

TILLAMOOK, Ore. — A man shooting into a herd of elk near Nehalem killed one and mortally wounded at least three others in January, while illegally shooting from

katu.com

 

[Grimmreaper35]

This is where your ballot comes into play.
It was one of these two jokers that gave that sentence.

Union County's judicial district has two elected judges:
Thomas B. Powers, Presiding Judge
Wes Williams, Circuit Court Judge

Vote them out and let them know why.
Jumped up lawyers are not fulfilling the duties they have.

Except most of us don't live in Union County and therefore can't vote him out.

 

[loper]

Except most of us don't live in Union County and therefore can't vote him out.

those pesky facts again 🤓

 

[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.

 

[loper]

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:

View attachment 1004674

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]:

View attachment 1004675

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.

excellent information and analysis 😊👍

 

[Blueline]

Unfortunately a lot of prosecuting attorneys on our side will drop multiple charges in lieu of trying to get the offender to a plea deal, which is why you will see one offense charged and the rest dismissed. There's a variety of reasons as to why this occurs, but it can be frustrating, especially when you put a lot of work into an investigation.

 

[BrianMaguire]

To be honest him serving 10 days in jail for a Class A misdemeanor is actually harsh in Oregon. Most are just catch and release with the probation and fines. Under the general terms of probation he was not allowed to purchase or possess firearms during probation. If he did that would be a felony. The worst part of it for me is the waste of the animal; IMO that makes it more egregious. 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. Now you could poach for meat and say it was roadkill as long as you can lie and surrender the head and hide with the paperwork. BTW I think the roadkill law is good. I actually recovered an animal with the law this last year.

 

[tmay88]

Yes, but 10 of those months you get to spend at a state sanctioned “hotel”.

No it was 10 DAYS!

 

[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.

 

[loper]

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:

View attachment 1004890
View attachment 1004891

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

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

did he get interrupted committing his crime? 🤔 what a crock of &$&$

 

[Rank Amateur]

A cow would have filled that bill far easier.