Will he learn his lesson?

[buckhunter21]

Star Tribune Article

Im bringing up the big 8 pointer that was poached again, above is the article in the star tribune on his sentence.

A year in jail and 5 years of no hunting. Not the steepest fine but could have been less. I would have liked to see a harsher fine being this case was one of the more public poaching cases I can think of just to send a message across to other poachers.

Not sure what to think, a year in jail is a long time to think about it but is 5 years of no hunting rights and only $2000 in fines enough? What do you guys think?

[vister]

well, should be glad he got that. 5 years with no hunting privileges? how would you take that? even if he had 5 years in prison, which would have been nice he wouldnt be able to hunt for those 5 years.

too bad it wasnt a fine like iowa issues! i believe they fine 1500 bucks if its over 150" gross, then an additional 1000 bucks per 10" over 150. so say that buck grossed 190, itd be a $5500 fine. i believe thats how they operate.

will he learn his lesson? seems that most people never do!

[bottom-bouncer]

I think vister is rigt on the only thing he learned was to be more carefull and not get caught the next time.

[vister]

I think vister is rigt on the only thing he learned was to be more carefull and not get caught the next time.

yup! he legally tagged the big 8 pointer. however, he shot a buck and a doe before that, and never tagged either. thats why he got into trouble. people knew he shot two deer prior, so one of them should have been tagged, meaning no available tag to put on the big 8. He learned his lesson alright! not to tell people of untagged deer!!! and maybe he even shot it with a gun, as i recall hearing of lead fragments in the cape.

[mike11]

i think everyone that breaks any hunting or fishing laws is a piece of you know what but i dont think anyone should get a second chance i guess the fines are what they are but if you get caught for doing anything wrong after that lifetime ban should be how the dnr does it if you cant learn from the first time your never gonna some lifetime seems fair to me

[goblueM]

so the next time you accidentally keep a fish 1/4 inch under the slot, or mis-count your limit of crappies, you should have a lifetime ban?

ridiculous

[mike11]

whatever gobluem pay attention to what is in your box and you wouldnt be over your limit , and im sorry you cant read a ruler and dont know what 1/4 inch looks like and what a 1/2 inch looks like, and im failing to see how you accidentally keep a fish under the slot limit its either in the slot or its not but whatever i see how you do things

[bottom-bouncer]

Vister I think I read in the paper down here that he admitted to shooting the buck with a shotgun.

[riverrat56]

The punishment needs to fit the crime, I think he got hit pretty hard here with the year in jail. The fine is minimal IMO and obviously following Game/Fish rules aren't to high on his list of concerns so I wonder if he will really stay out of the woods for 5 years.

But no, you should not lose your hunting or fishing privilages for life for a minor violation. Should you lose your drivers license for ever for a parking ticket or a speeding ticket?

[goblueM]

exactly, riverrat. that was the point i was trying to make.

[ARROW 1]

The only reason he got a year in jail was because he was in violation of his probation for a domestic assault charge. If he wouldn't have been on probation would he serve any time at all?, or would the fine been more? Not getting to deer hunt for 5 years will sting the most. He's got more then just the game wardens watching him now.

[haverhunting]

Most of the poachers in the world would only get stund by jail time or fines. They are like addicts out for the rush or something that’s why they do it. Hunting rights taken away is not going to stop them. Public humiliation is a place to start like a registered sex offender. Get the local papers to do an annual article on poachers then list their names every year just like the people that don't pay their taxes. Shame them into playing buy the rules. Pressure from your peers!!!

[lawdog]

A year in jail is no picnic. If you think it is, go see how long you want to sit there. It is also the max he could get with the charges he was charged with. As to the fines, its a gross misdemeanor and so the max fine is $3000 (just like the one year jail max). You guys are also confusing the fine with the restitution. He has to pay restitution for the deer to the DNR and the fine is just like a fine for any other crime. The restitution is where you should get more for bigger animals (and to some extent you do as our system provides a higher rate for a trophy animal than regular but is still low by most all comparisons).

I personally think this guy should never be allowed a license again. This is no minor violation...

[haverhunting]

Not allowing him a license is not going to stop him from poaching. Poachers don't use need a license thats why they are poachers. Like ARROW 1 said (He's got more then just the game wardens watching him now.) The public including neighbors, friends and passers by should intimidate him into playing buy the rules.

[Still_Huntin]

NO, it won't stop him! You can guarentee he'll be bear hunting and deer hunting this season up on his dad and uncles property in Sandstone.

You know how it goes, no one is out there on private property, shoot whatever put it in his mom,wife, or family members name, they all still think he's innocent!!

[Shack]

Quote:

A year in jail is no picnic. If you think it is, go see how long you want to sit there. It is also the max he could get with the charges he was charged with.

I have heard that also lawdog. A lawyer friend of mine told me once if a client of his is actually going to be incarcerated for exactly one year in the county jail, they ask for one year and a day so they can be sent to a state facility instead. Being locked up I am sure is no fun were ever your at, but the county jail is sooo boring I guess (still have to deal with and maybe have a better chance at prison stuff happening) they opt for State prison instead. I think most county jails now do not even have outside rec. anymore or TV's. Reading, eating, and looking at the walls is the only option(s).

[kotadust]

this is off topic and i apologize for that but shackbash could you please check the email that you have listed in your sig there and get back to me have a situation I have been trying to get resolved for quite some time now and didn't want to resort to posting in a thread some were but don't know i have any other choice now thanks a million

Kotadust

[mrklean]

Vister I think I read in the paper down here that he admitted to shooting the buck with a shotgun.

I also thought i read someplace that he shot it with a rifle or shotgun??? I think the jail for a year is good, i dont like his fine i think it should be a lot more, this deer could have been the largest 8 in the world, but he poached it, then he tried to lie his way out. I would like to see a higher fine and lifetime license ban.

[MN Shutterbug]

Quote:

A year in jail is no picnic. If you think it is, go see how long you want to sit there. It is also the max he could get with the charges he was charged with.

I have heard that also lawdog. A lawyer friend of mine told me once if a client of his is actually going to be incarcerated for exactly one year in the county jail, they ask for one year and a day so they can be sent to a state facility instead. Being locked up I am sure is no fun were ever your at, but the county jail is sooo boring I guess (still have to deal with and maybe have a better chance at prison stuff happening) they opt for State prison instead. I think most county jails now do not even have outside rec. anymore or TV's. Reading, eating, and looking at the walls is the only option(s).

A year in county lockup would drive me nuts. In Lyon County, they do not get any fresh air of any kind, although they do have TV's. They get their one hour of time in an exercise room every day and one hour in the library. Other than that, they get to play cards. They also "get to" clean their cells every morning. Their chairs are actually solid steel stools with no back. That would kill my back. Their pillows are about 1 inch thick. No comfort there. One of the worst things for me would be the soup and sandwicch 6 days a week. Also, it's now the law that inmates have to pay the county for their stay. I don't recall the amount, but it can really add up.

I know all this because I used to work as a part time jailor for Lyon county, and am sure glad I was on the right side of the bars.

[mabr]

Some may remember my post on this a while back. I said I knew guys just like this fella. I will guarantee they would have balled like babies had they been caught and sent to prison. They all played the macho deal in person, but id bet on it that they would cave under a jail sentance.

I think the time giving is fair. Fine should have been higher as well. But over all It wasnt to bad. He'll have time to think about it now.

[Shack]

this is off topic and i apologize for that but shackbash could you please check the email that you have listed in your sig there and get back to me have a situation I have been trying to get resolved for quite some time now and didn't want to resort to posting in a thread some were but don't know i have any other choice now thanks a million

Kotadust

Kotadust. I got it and you should be good to go.

Ya TX, several years back it was in the local Sherburne County paper that former sheriff (I think he is retired?) Bruce Anderson would not allow any county money to fix a TV if it was broken. Then under an equal prisoner rights law, if one TV did not work, no one could have a TV. SC used to have outside rec., but the county jail is part of the Government center. I guess some inmates could not control them selves verbally when people or Gov. employees would walk by and no more outside side time for anyone.

[LightningBG]

1yr year in jail is no joke. That is a lot of time.

I don't think the fine should be different based on the size of the animal. You didn't break a law further by getting a big buck. Either you broke the law or not.

I also think the penalties for breaking game laws should ramp up based on number of offenses.

Mike: you think a person should loose their ability to hunt forever if they shoot 1 minute past the cutoff in the evening? 1 minute before? How about if you accidentally shoot a little spike thinking its a doe? I saw it happen last year in my group in WI. guy that shot has been hunting for 40+ years. We called the DNR right away, they sent someone out, took the deer, said dont worry about it, happens all the time.

[DuckDog]

Quote:

A year in jail is no picnic. If you think it is, go see how long you want to sit there. It is also the max he could get with the charges he was charged with.

I have heard that also lawdog. A lawyer friend of mine told me once if a client of his is actually going to be incarcerated for exactly one year in the county jail, they ask for one year and a day so they can be sent to a state facility instead. Being locked up I am sure is no fun were ever your at, but the county jail is sooo boring I guess (still have to deal with and maybe have a better chance at prison stuff happening) they opt for State prison instead. I think most county jails now do not even have outside rec. anymore or TV's. Reading, eating, and looking at the walls is the only option(s).

I believe a felony is defined as being able to incarcerate for one year plus one day; so if you commit a misdemeanor then its under a year. To ask for one year plus one day would mean that any plea would be still a felony.