Why isn't he in prison

[Tom7227]

http://www.duluthnewstribune.com/news/37...fined-more-2000

[mn86]

then people wonder why we need c/o's. it takes everyones help to preserve wildlife while it only takes a few to destroy it.

[delcecchi]

It is the same reason I find myself getting angry when I read the "felony dispositions" in the Rochester Post Bulletin. The judges seem to go very easy, or perhaps there is some sort of plea bargain with the perp.

Quote:

• Third-degree criminal sexual conduct — xxxxxxx, 22, of nnnn 11th Ave. SE, Rochester. Sentenced March 26, 2015, to 60 months in prison, stayed for 15 years; to complete 50 hours of community work service.

Actually when I went back and looked things have gotten better. Seems like folks are actually going away for stuff these days, at least for felonies, although it doesn't show how much stuff got pled down to gross misdemeanors.

I think maybe the courts or maybe some judges treat poaching as akin to credit card fraud or something.

[mrklean]

I had a good laugh when I read the DNR email yesterday about this, I went to high school with this POS he was a few years younger but things haven't changed I see. He has been doing stuff like that for years, he was a chronic trespasser back in the day set traps on everyone and anyone's land. To bad he didn't get it worse.

[jbell1981]

What I don't get is why isn't the punishment more. Just a small fine and loosing privileges seems quite small for such egregious offenses.

[ozzie]

if a person doesn't buy licenses and poaches already how does taking his hunting rights away for 3 years really hurt him? The fine and jail time are the appropriate measures to make these scums take notice that the book will be thrown at them instead of a slap on the wrist!

[aanderud]

I'm not convinced that prison or long jail sentences actually makes sense for what appears to be a bunch of misdemeanor non-violent offenses (at least not violent against other humans). Prison, IMHO, should be reserved for folks who are actually a threat to other people, who can't be rehabilitated or reeducated outside the confines of the isolated prison setting.

If the low fines aren't enough of a deterrent, then raise them until they are -- or make them variable based on the offender's net worth or ability to pay. I mean, a $10000 fine is a slap on the wrist to someone who is worth millions, but others might be forced into bankruptcy with the same fine. If the fine is high enough, it WILL act as a deterrent for doing the same thing down the road.

No need to be locking people up and paying their room and board, then have them come out of the clink with a higher likelihood of being on various forms of welfare (since they likely lost their job when they went in). I say this about other non-violent crimes as well though -- Martha Stewart probably didn't need to go to prison for insider trading.

If they'd simply imposed a fine and/or community service type things that were painful enough to make it sting and deter future actions, they could have accomplished the goal of deterring the same behavior in the future, at a much lower cost to the state (fewer prisons to run, fewer ex-cons who lost their jobs while in the clink collecting welfare when they're out of prison). At most I'd advocate for these heavier fines couples with perhaps a "stayed" jail sentence and probation -- if they violate the probation they get that trip to the clink.

[pushbutton]

I agree with the above post. It is a complex issue and not to take this into silly town territory.....but the U.S. already has the highest imprisonment rates in the world, and at a cost of 25 g's or so per year per; for non violent crime would rather try to come up with something more cost effective....scraping gum off the sidewalks, walk behind mow public parks, maybe make him wear a Captain Dumb Arse suit when in public.....

[PierBridge]

http://www.duluthnewstribune.com/news/37...fined-more-2000

Tom you are former prosecutor you know exactly why he's not in jail.

That being said I feel your pain...

[Tom7227]

There are no felony level offenses for game and fish violations.

What most don't know is that unless there is a special ruling by the judge the longest time he could be put in jail is 365 days no matter how many offenses he is convicted of at any one time. A judge can order that the sentences be served consecutively but that is r

As far as fines and restitution there really is no way to force a person to pay. Taking away a driver's license really means nothing as people drive without it. You can't put a person in jail because they can't pay a bill and so there is no way to force payment. In reality it is likely that the person has no job or works for cash and doesn't pay taxes or any other type of thing like child support.

Governor Dayton suggested creating a felony level offense for egregious game violations but that idea didn't go anywhere in large part because of the arguments made in this thread.

[O.T.C.]

Realize this topic was talking about some other guy but did you all get to hear that the case against the LQP guy was tossed out ? Just think how good deer hunting might be in MN if we didn't have a chronic poacher or 10 in several counties. 2 of my uncles in OTC have found trophy bucks with racks removed on their farms, it never ends, Bemidji area has a severe issue with trophy bucks being gunned down before opener. All this about more rules or less rules and better regulations etc. is all a crock, none of that will stop the losers that are killing deer illegally and often times that is happening right in season as well. There are a lot of clowns sabotaging deer season every year and many more you and I will never hear anything about and many families that are fully aware but would never turn against their own. I can't foresee this getting better as much as I love the word "hope". Reality says luckily bucks shed their antlers every year or it would be a year round poaching game.I wish I could type how I really feel about people abusing our fish and wildlife resources but I'd get a lifetime ban on here.

[delcecchi]

The guy that got off got off because the DNR didn't think that they needed a search warrant to put a gps on the guy's truck, even though the Supreme Court decided that they did in 2012.  But the DNR is famous for thinking that the Constitution that applies to other law enforcement doesn't apply to them. 

Maybe they should start by enforcing the laws that they already have and protecting our fish and game.  Maybe hire a few more COs. 

[O.T.C.]

That is correct. What a brutal job done by those involved in that mess. It's not the same deal but the netting illegal fish was it called the "squarehook" or something goofy like that, this is huge $'s being in the end wasted. And never a worry lawyers are great at reading fine print etc. This was just a poor job of following standard procedure I'd assume. The way I see it all those animals are dead and can't be brought back. It was already a lose lose deal nearly. " A windy night is a poachers delight "

[monstermoose78]

I had a run in with that guide. He was a real special kind of person. I am glad he got pinched but they need to make sure he can't guide again. The things he did to try and push out of a spot on public land were not right. He tried to start a fight with my cousin who is in a wheel chair. The guy is lucky I was not around when he did it. I had many long talks with the local dnr officer about this so called guide.

[O.T.C.]

And now more " guides " are in trouble in Wisc was it last outdoor news. Isn't it great black eye after black eye stays in the news with our natural resources basically 12 months out of the year now ? We're slowly losing the general public, not just for this reason. I find it hard to believe like in the sport of hunting which involves killing, most like the word "harvesting", that some are willing to cheat to "take" anythings  life in an unfair manner. Look on your wall and count how many of those racks shouldn't be there. I hope you don't get a giddy cheap thrill over getting away with it. I hope you pay the price somehow some way.

[delcecchi]

What's the story?  Didn't see it.  Looked for it online, didn't find it.