Rancher charged in attempted stealing of elk horns from helicopter hunters

[StupidLightweight]

Because that’s what the hunter paid the state to kill the elk, which became his legal property once the tag is notched.

 

[Beendare]

As a stated in this thread earlier, generational ranch family... that means connections and sympathizers. They only slapped the wrist because they had to do something. Should be a felony, no more firearms.

Oh I know WHY the Rancher was let off easy....it's always been that way in the US with privilege.

Hey, I'm a property owner and would love to rape and plunder the peons too- not really, it's not in my nature. If we are going to have any semblance of a legit judicial system we need to hold this rancher and his complicit wardens accountable.

Most times I sympathize with Farmers/Ranchers/ Landowners. People dumping trash on remote roads, and generally being slobs with no respect for private property rights. I get it.

This Ain't that. The rancher was no better than a common thief. How stupid, What was he trying to accomplish? A month in Jail with a hefty fine will send the message to these Ranchers. Then after that happens, start throwing some of these cheating politicians in Jail......nobody learns unless they go to jail.

 

[Hunter26]

Why do you feel the need to 'see both sides'?

There ARE two sides to this story. One is clearly in the wrong and one isn't. Very clear.

I think the ranch was wrong in this case. I was making a point at a higher level about land locked public land and not specific to this incident. Not that I like to see things like this happen but when they do I think the conversation has the potential to get us closer to a resolution on the public land locked issue.

 

[Hunter26]

two wrongs don't make a right.....just because you are a major landowner doesn't make you king.
If as someone said the hunters were dirt bags it doesn't make what the rancher did right. Despite what
ranchers in the Big West want to think Non Resident hunters contribute a great amount of $$ to the economy
of the western states. You kick us out and you have to pay more.........

Completely agree on the two wrongs don't make a right. Even if these guys were dirtbag, trying to steal the horns was a horrible response.

 

[Big Sky Guy]

Like it or not, the value used for the elk’s head is fair market value for the elk’s head. You aren’t going to get sentimental value or value of the hunt or value of the experience used as a measure of loss for this purpose in any criminal court in which I have practiced.

That was my take/understanding as well but I'm curious, can you explain how state trophy restitution fees for poaching differ from this or more specifically how they are able to get 10X the market value of the heads?

 

[Q_Sertorius]

That was my take/understanding as well but I'm curious, can you explain how state trophy restitution fees for poaching differ from this or more specifically how they are able to get 10X the market value of the heads?

That’s the statutory value as a penalty. That’s different than determining what constitutes a felony or misdemeanor.

If someone steals a pack of gum, you can’t multiply that $1.00 value by any number to make it a felony. But, you could order that the fine for misdemeanor theft shall be 10x the value of the goods.

 

[Big Sky Guy]

That’s the statutory value as a penalty. That’s different than determining what constitutes a felony or misdemeanor.

If someone steals a pack of gum, you can’t multiply that $1.00 value by any number to make it a felony. But, you could order that the fine for misdemeanor theft shall be 10x the value of the goods.

Thank you, so it is still possible the court could fine him the same/similar high value of the states trophy restitution fee as a penalty?

 

[Q_Sertorius]

Thank you, so it is still possible the court could fine him the same/similar high value of states trophy restitution fee as a penalty?

That depends on the statute. I don’t know what the statutory penalty is for that offense in that state. I was simply using that as an example.

 

[BRTreedogs]

So if I go to WY and poach a bull as long as they don’t catch me actively hunting or shooting it, they just charge me with petty theft if they only catch me with the antlers?


Rite, rite

 

[ez_willie]

So if I go to WY and poach a bull as long as they don’t catch me actively hunting or shooting it, they just charge me with petty theft if they only catch me with the antlers?


Rite, rite

View attachment 1041481

Correct, but only if your hunting Wilderness unguided. (Just make sure to save an extra $150 for the fine)

 

[BRTreedogs]

Correct, but only if your hunting Wilderness unguided. (Just make sure to save an extra $150 for the fine)

Ok perfect.
So it’s not like they are going to charge me with poaching a trophy animal and take any hunting privileges away rite?

I mean, zero chance they would treat a NR common man differently then a large R landowner?

 

[BRTreedogs]

Also
What if I decide to shoot some beef, grazing on public.
That’s no biggy rite?

 

[Lawnboi]

Also
What if I decide to shoot some beef, grazing on public.
That’s no biggy rite?

Sure if you only take enough steaks to keep it under the felony amount.

 

[BRTreedogs]

Sure if you only take enough steaks to keep it under the felony amount.

What if I only take the head to discourage him from grazing in public?

 

[Lawnboi]

What if I only take the head to discourage him from grazing in public?

As long as it’s not a trophy beef head. Trophy beef is worth more.

 

[ez_willie]

Ok perfect.
So it’s not like they are going to charge me with poaching a trophy animal and take any hunting privileges away rite?

I mean, zero chance they would treat a NR common man differently then a large R landowner?

It appears close to 0% chance you lose hunting privileges and 75% odds you get to keep the rack!


FOIA results summary from WY GFD regarding actual enforcement of the NR Wilderness Rule. WY Statute 23-2-401(a)

In the past 10 years:
1. 12 NR hunters were cited for violating WS 23-2-401(a) (a few warning tickets also issued)
2. No hunter was required to return to WY for a court appearance and total cost of violation was the bond amount, $150. Same as all the other simple traffic type tickets
3. All of these misdemeanor tickets were marked "no court appearance required" - just like a speeding ticket.
4. No hunter lost WY hunting privileges or was reported to another state for loss of privlieges.
5. No hunter had any property seized (gun, atv, vehicle, etc).
6. Of those 12 violators, 4 hunters were in possession of an animal that was harvested in a wilderness area. Three of those 4 hunters were allowed to keep antlers, cape and meat. One of those 4 harvesters had antlers confiscated as his group hadn't tagged the animal and tried to pass it off as a resident kill. Despite the dishonesty, the warden only took the antlers - and then donated the meat back to the hunter.