Poached Buck part II

[MinDak Hunter]

DNR: Accused deer poacher not only killed too many deer, he used rifle in bow season

By Chris Niskanen

12/01/2009

The world-class eight-point buck poached this fall in Goodhue County was shot with a rifle, not a bow, the Minnesota Department of Natural Resources said Monday.

Lead fragments found in the animal's hide show that a firearm was used, the DNR said.

Troy Alan Reinke, 32, of Cannon Falls, who is accused of illegally killing the whitetail on Halloween night, now might face additional charges because the firearms season was not open Oct. 31.

The buck was the largest eight-pointer ever officially measured.

Reinke reportedly told investigators he shot it with a bow and arrow near the town of White Rock. He also reportedly admitted to killing a buck and doe earlier in the season with a bow and not tagging or registering them.

Calls to Reinke on Monday were not immediately returned.

Reinke could legally kill only one deer during the season. Goodhue County prosecutors have charged Reinke with 13 counts of illegally killing all three deer.

Assistant County Attorney David Grove said he would review the additional information and decide whether to file additional charges, possibly as early as today.

"If I can prove additional charges, I'll make them," Grove said.

But without witnesses or additional evidence, prosecutors might have difficulty proving Reinke pulled the trigger. During a recent interview, DNR conservation officer Tyler Quandt said, Reinke claimed he found the trophy buck dead and pushed an arrow into it to claim it as a bow kill.

DNR officials are looking for anyone who might have heard shots, seen the killing or was with Reinke the night the buck was shot. Tipsters can provide anonymous information by calling the Turn in Poachers hot line at 800-652-9093.

DNR investigators said they found lead fragments in the cape, which is the hide around the neck and shoulder area, when it was recovered from a taxidermist. The bullet apparently hit the shoulder and delivered the killing shot. A forensic specialist at the University of Minnesota confirmed the lead fragments.

DNR officials said they believe the deer was shot near the corner of 110th Avenue and Goodhue County 8, about three miles south of where Reinke originally claimed the deer was shot. He told investigators he shot all three deer on the Terwilliger property near White Rock.

New evidence strongly points to the buck being killed near 110th Avenue, according to the DNR. Investigators say Reinke's cousin, Matt Pientka, and his girlfriend drove to the 110th Avenue site to help Reinke load the deer on Halloween night, Quandt said.

No one else is expected to be charged in the case.

Quandt said shed antlers matching the trophy buck have been found in the area, where local hunters knew about the buck.

If convicted of all 13 counts, Reinke would face up to a year in jail and $19,000 in fines, in addition to $2,000 in restitution for the three deer. His hunting licenses could be revoked for three years.

He is scheduled to make his first court appearance in Goodhue County District Court on Dec. 10.

[waterbound]

It's such a shame this happened at all. The thing I can't get over is that even if convicted of all 13 offenses he is currently being charged with he would only get a year in jail and the restitution for all three deer would only be $2000. I'm glad he is facing jail time but I only wish it would be more severe and I can't help but think that the trophy alone should be worth at least $2000 restitution.

[BucksnDucks]

The year in jail is all they could make him serve since all 13 convictions would run concurrentlly. But the $19,000 along with the additonal $2,000 is really where its guna bit him in the arse if found guilty by a juror. Either way you look at its a shame.

[MUSKY18]

Back to the earlier discussion on another post about making the fines steeper.......if they were steeper and set an example of him, perhaps it would make someone else think twice about doing something like this. I bet he could have sold that rack to Cabela's for more than 19K

[Coach1310]

No matter what the penalty, it is truly a shame. A world class animal killed out of season and probably in some headlights..... No matter what the fines/penalties are, people will still do it....

[Big A]

If i had some extra ching... id offer a reward for info proving this guy pulled that trigger and is not being truthful to the DNR.

But of course. He is innocent until proven guilty. I am just saying.. i hope someone comes forward..

[hockeybc69]

Boy is this a setup for something we dont want to see.... I cant believe whats happening on this whole thing now.

[InTheNorthwoods]

Boy is this a setup for something we dont want to see.... I cant believe whats happening on this whole thing now.

Huh?

[Musky Buck]

All I can say is do any of you have a rap sheet with drugs,domestic violence,and whatever else he had on his sheet etc. Don't answer that, but I'm not very surprised that he might not tell the truth nor the crowd he hangs with and also he might not follow the 2009 rules/regulations book. He's already openly lied to the DNR. I'm just glad he didn't get away with it or he'd pocket big dollars, he had a 40 grand turn around. 20 in fines or it could have been 20 to the good when he sold it. Talking jail time I would imagine he is well aware of jail procedures. My feeling is when you get into the teens with violations against wildlife or fish would it be asking too much to revoke his priviledges for life in MN ? If you rack up double digits do you deserve the priviledge to hunt ? They'll decide all of that.

[tipup]

I agree Musky Buck!!!! Why only take his hunting for 3 years? That should be a lifetime of no more hunting or fishing in my mind. Most of us go out deer hunting every year in hope that we will get the big one. We buy our tags, find property, scout, and hang stands and just hope we did the right thing and get a CHANCE at the big one. This guy doesnt buy a tag, instead probably loads up his rifle, a case of beer, and goes out driving the country side until he sees a big buck, shoots it, and turns the rack in and probably doesnt even keep any of the meat!! Yeah ok i am a little mad about this, he should be done with anytype of hunting or fishing in my book!!!

[Musky Buck]

I agree, no 2nd chance would make anyone think twice, the 3 years might help, but 25 years from now he could be doing it again based on his public records nothing else seemed to rehabilitate him. The lifetime ban could be on a database that when you present your drivers license if the clerk is sure it's him or her that it would deny that person a license telling the clerk to have them call the DNR headquarters if there's problems. Getting tougher to make a fake DL, not that I've tried lol.

[Still_Huntin]

but I'm not very surprised that he might not tell the truth nor the crowd he hangs with and also he might not follow the 2009 rules/regulations book. He's already openly lied to the DNR. I'm just glad he didn't get away with it or he'd pocket big dollars, he had a 40 grand turn around.

He doesn't have a crowd, he lost all his friends years ago. Before he got the rack taken away a collector in Wisconsin offered him $250,000 for the rack.

The DNR and court system will be a disgrace if this guy gets a slap on the wrist, even the maximum penalties of the charges he has so far aren't even that bad, a couple thousand dollars in fines and a little jail time with no hunting for 3 years? No one even gets the max ever.

[Walleye Guy]

The plots twists.... and the strory changes

RED WING, Minn. (AP) ― Click to enlarge1 of 2

A man suspected of poaching a record eight-point whitetail buck in Goodhue County is changing the story he told to Department of Natural Resource investigators.

Troy Alan Reinke initially told the DNR he killed the deer with a bow and arrow while hunting on Halloween.

The DNR went back to Reinke after its studies found the buck had been killed by a firearm. The 32-year-old Cannon Falls man now says he found the deer after someone else killed it.

Reinke is charged with 13 misdemeanors and gross misdemeanors for poaching the buck, as well as two other deer.

Information from: Star Tribune

[MinDak Hunter]

"The DNR and court system will be a disgrace if this guy gets a slap on the wrist"

What does the DNR have to do with his sentence? It seems to me that the officers have done their due diligence and presented a nice case to the County Attorneys Office. The DNR officers don't get a say in what this guys punishment will be so how will they be a disgrace.

Here is a copy of the law (it's long):

97A.421 VALIDITY AND ISSUANCE OF LICENSES AFTER CONVICTION.Subdivision 1.General.(a) The annual license of a person convicted of a violation of the game and fish laws relating to the license or wild animals covered by the license is void when:

(1) a second conviction occurs within three years under a license to trap fur-bearing animals, take small game, or to take fish by angling or spearing;

(2) a third conviction occurs within one year under a minnow dealer's license;

(3) a second conviction occurs within three years for violations of section 97A.425 that do not involve falsifications or intentional omissions of information required to be recorded, or attempts to conceal unlawful acts within the records;

(4) two or more misdemeanor convictions occur within a three-year period under a private fish hatchery license;

(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is for a violation of section 97A.425 not described in clause (3); or

(6) the conviction is related to assisting a person in the illegal taking, transportation, or possession of wild animals, when acting as a hunting or angling guide.

( Except for big game licenses and as otherwise provided in this section, for one year after the conviction the person may not obtain the kind of license or take wild animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to the game and fish law violation.

Subd. 2.Issuance of license after conviction for buying and selling wild animals.A person may not obtain a license to take any wild animal or take wild animals under a lifetime license, issued under section 97A.473 or 97A.474, for a period of three years after being convicted of buying or selling game fish, big game, or small game, and the total amount of the sale is $300 or more.

Subd. 2a.License revocation after conviction.(a) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is $5,000 or more; or

(2) a violation when the restitution value of the wild animals exceeds $500 and the violation occurs within ten years of one or more previous license revocations under this subdivision.

( A person may not obtain a license to take the type of wild animals involved in a violation when the restitution value of the wild animals exceeds $500 and is prohibited from taking the type of wild animals involved in the violation for a period of three years after the date of conviction of a violation.

© The time period of multiple revocations under paragraph (a), clause (2), shall be consecutive and no wild animals of any kind may be taken during the entire period.

(d) The court may not stay or reduce the imposition of license revocation provisions under this subdivision.

Subd. 3.Issuance of a big game license after conviction.A person may not obtain any big game license or take big game under a lifetime license, issued under section 97A.473, for three years after the person is convicted of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big game license; or

(3) the second violation within three years under the game and fish laws relating to big game.

Subd. 4.Issuance after intoxication or narcotics conviction.A person convicted of a violation under section 97B.065, relating to hunting while intoxicated or using narcotics, may not obtain a license to hunt with a firearm or by archery or hunt with a firearm or by archery under a lifetime license, issued under section 97A.473 or 97A.474, for five years after conviction.

Subd. 4a.Suspension for failure to appear in court or pay a fine or surcharge.When a court reports to the commissioner that a person (1) has failed to appear in court under the summons issued for a violation of the game and fish laws or (2) has been convicted of violating a provision of the game and fish laws, has been sentenced to the payment of a fine or had a surcharge levied against them, and refused or failed to comply with that sentence or to pay the fine or surcharge, the commissioner shall suspend the game and fish license and permit privileges of the person until notified by the court that the person has appeared in court under clause (1) or that any fine or surcharge due the court has been paid under clause (2).

Subd. 5.Commissioner may reinstate certain licenses after conviction.If the commissioner determines that the public welfare will not be injured, the commissioner may reinstate licenses voided under subdivision 1 and issue licenses to persons ineligible under subdivision 2 or 2a. The commissioner's authority applies only to licenses to:

(1) maintain and operate fur or game farms, aquatic farms, or private fish hatcheries;

(2) take fish by commercial netting;

(3) buy fish from commercial netting licensees; and

(4) sell or export turtles or live minnows.

Subd. 6.Applicability to moose or elk licenses.In this section the term "license" includes an application for a license to take either moose or elk.

Subd. 7.Taking wild animals while privileges are suspended.A person who takes a protected wild animal during the time the person is prohibited from obtaining a license to take that animal under this section is guilty of a misdemeanor.

[Still_Huntin]

What does the DNR have to do with his sentence? It seems to me that the officers have done their due diligence and presented a nice case to the County Attorneys Office. The DNR officers don't get a say in what this guys punishment will be so how will they be a disgrace.

Well if you want to get technical there's more to the case they could present for additional charges. He might not even get charged for everything he could be charged with. He'll end up taking a plea bargain and getting most of it dropped so more charges the better. Thats the reason criminals keep getting all these chances is because they'll plea down and get a slap on the wrist.

Who helped make the laws and decided what is proper punishment for each crime involving fish and game? I'd think DNR plays a role in that since right now they are playing a role in trying to get the punishments more severe.

I'm not knocking the DNR, it's a disgrace to everyone if this guy gets a slap on the wrist.

[Musky Buck]

You're telling me someone offered him a quarter mill for that rack ? I'd love to call the guy that offered him that. The chance is here to make a statement and I guarantee MN's poachers and from other states will be listening and watching closely. Sorry but if you're walking in mud you might get a little muddy. The animal rightests will pay attention also.

[Trout_Slayer_77]

I heard of a guy here in Wisconsin that got around $100,000 for a buck he shot last year that scored in the 190's. I don't know the guy that shot the deer, but I heard it from a guy I know through work who I consider very trustworthy so I believe it and he knows the guy that shot it. I think he said that he sold it to Cabelas or Gander Mountain.

[BlueLundFishrman]

If the guy wants to pay $250,000 for the rack, the state of MN should see it he wants to buy it from them. Everyone knows the budget crunch. This would be a good way to alleviate some of that, a little bit at least. If the DNR can get that kind of money for that rack, they are the biggest fools in the world for turning it down. While $250,000 can't replace the deer, it can be used to better enhance outdoor opportunities.

[Still_Huntin]

Maybe its the same collector? If he paid $100,000 for a deer that scored in the 190's I'm sure he'd pay the $250,000 for the biggest 8 point typical in the world!

[BlueLundFishrman]

Need something to offset the cost to the state of this case. I'm not sure what it cost to investigate, bring to trial, prosecute, if he sits in jail that will be a burden on the state, not to mention this guy won't be buying licenses for some time, and probably not any fishing equipment or hunting equipment that generates money for the state (through the dingell-johnson i believe). Instead of putting this guy in jail they should just make him go out and pick up and scrape up dead deer along the highways (under close supervision), especially in the hot summer months.

[Gordie]

if that rack is indeed worth $250'000 than the guy should be charged the same as an person that commited armed robbery because in my eye's thats what he did to us' the hunters that follow the rules and obey the laws.

[BlueLundFishrman]

That would be against the American system of justice punish. The system is set to give those who break the law some form of protection from being over-punished due to personal emotions. Let the justice system run its course as its designed to do.

[KLoopBinaction]

I'm curious to have seen what the guy in the outdoor news cuffed and stuffed column, he shot 3 deer didn't tag 2 all over a bait pile. Now will his punishment be the same of do you have to poach a trophy to get publicly roasted..

point is, if this guy shot a ol rag horn and 2 others there would be no talk, but being it's such a large deer it"s media frenzy. don't get me wrong! roast him, but what ever he gets this other clown should get the same. but looks as if the punishments are not that much of a deterent these days... more jail.... removing hunting privledges does nothing to these type of people anyway. he will shoot more deer without a lic, he's already proved that

[flipper]

I feel that the penalty should be the same and very severe in both cases. Of course the publicity would be greater with the Buck of a Century.