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Harold
11-09-2009, 05:02 PM
...and it wasn't "over-easy"!:SM_SS_spit2:

From "Bumpus Bites":

Three Men Convicted of Poaching Deer


LINCOLN, Neb. Three Merriman men have been convicted of poaching deer in Cherry County.

Nathan Chappell, 27, Kip Castellaw, 22, and Ernie Bennett, 57, have been ordered by the Cherry County Court to pay a combined $15,000 in fines and $5,000 in liquidated damages for the Sept. 19 illegal killing of five mule deer near Merriman.

The $20,145 in fines, damages and court costs are the largest penalties assessed by a Nebraska court against individual poachers in a single, noncommercial case since electronic records were first kept in 1996.

The men originally were charged with 30 counts each for game law violations, including hunting during a closed season, hunting without permission, hunting with artificial light, game harassment, criminal trespass, and wanton waste. One count of game harassment and four counts of criminal trespass were dismissed in a plea agreement. Cherry County Judge James Orr accepted guilty pleas from each of the men on the remaining 25 charges on Nov. 2 in Valentine.

Judge Orr sentenced each defendant to pay a $200 fine for each of 25 violations. He ordered the men to be responsible collectively for the $5,000 liquidated damage penalties for the five deer and to each pay $48 in court costs. All three will have their hunting and fishing privileges suspended for three years.

The case began when five mule deer were shot, with four left in a field to rot, south of Merriman early on Sept. 19. The largest of the five deer, a 5-by-5 buck, was taken into Merriman before sunrise and left hanging on display on a flatbed trailer. The buck had an inside spread of 19 inches. If the buck had measured 24 inches on the inside of the main beams, a mandatory $5,000 fine would have been assessed for trophy penalty status.

Nebraska Game and Parks Commission Conservation Officer Heath Packett of Gordon investigated the case, with assistance from Conservation Officer Dan Kling of Sioux County.

"The Law Enforcement Division of the Nebraska Game and Parks Commission would like to commend the private landowner where the illegal killings occurred, as well as Cherry County Attorney Eric Scott and Cherry County Judge James Orr for their work on this case," Packett said. "It is extremely gratifying when landowners, prosecutors and judges work together with law enforcement to bring poachers to justice."

Anyone observing a game law violation is encouraged to call Nebraska Wildlife Crimestoppers toll free at (800) 742-7627.


For the complete news release:
http://www.nefga.org/forum/news-info-nebraska-state-agencies/27729-bumpus-bites-our-ngpc.html

For Bumpus.

DiggerDog
11-09-2009, 05:47 PM
Nice work Judge Orr, Heath Packett, Dan Kling, and Eric Scott

:vThumbsUp:

jimbosan
11-09-2009, 05:56 PM
Why do people do idiotic things like that?:zbangingHead:

Alex T.
11-09-2009, 06:04 PM
Why do people do idiotic things like that?Because 99% of the time they never get caught or the fine is so low they don't care. The thing that really irks me is they only get suspended hunting privileges
and not banned for life in this state.

Alex

Fishingnerd33
11-09-2009, 06:27 PM
Those idiots should have their hunting rights revoked for life in any state. (not that they bought permits anyway):zbangingHead:

Fine 'em up to their ears, make it hurt the bank, maybe that would discourage others from committing the same crime.

The thing about it that makes me just sick is they just shot them and left them lay. If you're going to kill the deer, at least eat it! Plain lunacy.

A huge pat on the back to those who took it upon themselves and brought these people to justice! :Beer:

quackwacker
11-09-2009, 06:27 PM
The thing that really irks me is they only get suspended hunting privileges
and not banned for life in this state.
Alex

I agree. They should have gotten their hunting rights revoked for alot longer than that.

Scott Eveland
11-09-2009, 07:36 PM
Gents,

Three years is the max suspension allowed by law. The judge gave the max.

If you don't think the max is max enough:
Nebraska Legislature - Senator Listing (http://www.legislature.ne.gov/senators/senator_list.php)





Nebraska Legislature (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-614)

37-614. Revocation and suspension of permits; grounds.

(1) When a person pleads guilty to or is convicted of any violation listed in this subsection, the court shall, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of not less than one nor more than three years. The court shall consider the number and severity of the violations of the Game Law in determining the length of the revocation and suspension. The violations shall be:
(a) Carelessly or purposely killing or causing injury to livestock with a firearm or bow and arrow;
(b) Purposely taking or having in his or her possession a number of game animals, game fish, game birds, or fur-bearing animals exceeding twice the limit established pursuant to section 37-314 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-314);
(c) Taking any species of wildlife protected by the Game Law during a closed season in violation of section 37-502 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-502);
(d) Resisting or obstructing any officer or any employee of the commission in the discharge of his or her lawful duties in violation of section 37-609 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-609); and
(e) Being a habitual offender of the Game Law.
(2) When a person pleads guilty to or is convicted of any violation listed in this subsection, the court may, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of not less than one nor more than three years. The court shall consider the number and severity of the violations of the Game Law in determining the length of the revocation and suspension. The violations shall be:
(a) Hunting, fishing, or fur harvesting without a permit in violation of section 37-411 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-411);
(b) Hunting from a vehicle, aircraft, or boat in violation of section 37-513 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-513), 37-514 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-514), 37-515 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-515), 37-535 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-535), or 37-538 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-538); and
(c) Knowingly taking any wildlife on private land without permission in violation of section 37-722 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=37-722).
(3) When a person pleads guilty to or is convicted of any violation of the Game Law or the rules and regulations of the commission not listed in subsection (1) or (2) of this section, the court may, in addition to any other penalty, revoke and require the immediate surrender of all permits to hunt, fish, and harvest fur held by such person and suspend the privilege of such person to hunt, fish, and harvest fur and to purchase such permits for a period of one year.
Source:Laws 1998, LB 922, 304; Laws 1999, LB 176, 89; Laws 2007, LB299, 16; Laws 2009, LB5, 2.Effective Date: August 30, 2009

Scott Eveland
11-09-2009, 08:25 PM
PS, Conservation Officers Kling and Packett are both tenacious fellas, way to go guys!

Eryk
11-09-2009, 11:52 PM
Wow, I would think the penalty would be a LOT worse! Did they get thier firearms confiscated or anything like that? 3 years is pretty light, I'd like to see stiffer penalties.

bwese
11-10-2009, 07:04 AM
I agree on longer loss of priviledges but do poachers really care if they got a permit or not?

I like the dollar amount they ended up owing. I wish that the amount per poached animal would go up considerably more though and that they would lose every piece of equipment used during the commitment of the viloations, vehicles, guns, etc.

BowFisher
11-10-2009, 12:19 PM
Why do people do idiotic things like that?:zbangingHead:

Alcohol

huskerdoc
11-10-2009, 02:50 PM
What is really sad is one of these individuals does some guiding in that area:zbangingHead:, or should I say previously did.

WaterPig
11-10-2009, 04:49 PM
Wow, I would think the penalty would be a LOT worse! Did they get thier firearms confiscated or anything like that? 3 years is pretty light, I'd like to see stiffer penalties.


I thought that as well that they could have any property used in conjunction with the violations could be confiscated. Like vehicles, guns, whatever. How did they caught exactly? Were they bragging about what they did? People like these idiots are the ones that hurt everyone in this sport. They're the reason people won't let you hunt on their land. Another reason for anti-gun activists to freak out. I didn't see any jail time mentioned. They should of got a year or 2 in jail as well.