collapse
Sound like the real thing! Extreme Elk Magazine

Author Topic: ‘Bullwinkle’ elk poaching case postponed again  (Read 7473 times)

Offline fishngamereaper

  • Off-Topics
  • Trade Count: (+1)
  • Sourdough
  • *****
  • Join Date: Oct 2011
  • Posts: 1223
  • Location: kitsap
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #25 on: November 29, 2016, 09:24:44 PM »
Pre trial stipulation that he can't hunt in Wa would of been nice. That would of sped up the process I'm sure.

Offline MtnMuley

  • Site Sponsor
  • Off-Topics
  • Trade Count: (+1)
  • Old Salt
  • *****
  • Join Date: Aug 2009
  • Posts: 7239
  • Location: NCW
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #26 on: November 29, 2016, 09:26:43 PM »
Common sense is outta the picture these days, you know that.......

Offline Tbar

  • Off-Topics
  • Trade Count: (+3)
  • Sourdough
  • *****
  • Join Date: Jun 2011
  • Posts: 1371
  • Location: Whatcom county
  • That Boy Ain't Right
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #27 on: November 29, 2016, 09:29:10 PM »
Common sense is outta the picture these days, you know that.......
As well as due process.

Offline Jpmiller

  • Trade Count: (0)
  • Scout
  • ****
  • Join Date: May 2016
  • Posts: 438
  • Location: Wilkeson
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #28 on: November 30, 2016, 06:50:57 AM »
What's that blurb at the end of your post mean about turning down that offer pope? I'm thankfully uninformed on legal terms.

Offline popeshawnpaul

  • Washington For Wildlife
  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: Jul 2007
  • Posts: 3544
  • Location: Bellevue, WA
    • http://www.facebook.com/smccully
    • Nature Photography
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #29 on: November 30, 2016, 07:27:43 AM »
What's that blurb at the end of your post mean about turning down that offer pope? I'm thankfully uninformed on legal terms.

It's been rumored he has been offered a 1 year pre trial diversion agreement.  There are two conditions if I recall, a reported 10k fine and no hunting for 1 year.  These types of agreements allow for dismissal of charges if someone meets certain agreed conditions.  If this has been offered and rejected I find this interesting.  It means they think they have a good case or any other number of things.  We'll find out...

Offline Rainier10

  • Board Moderator
  • Trade Count: (+1)
  • Old Salt
  • *****
  • Join Date: Dec 2010
  • Posts: 5060
  • Location: Over the edge
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #30 on: November 30, 2016, 08:20:48 AM »
Not taking the deal seems odd to me and leads me to believe he thinks he has a pretty good shot at not being convicted.
Pain is temporary, achieving the goal is worth it.

I didn't say it would be easy, I said it would be worth it.

Every father should remember that one day his children will follow his example instead of his advice.


The views and opinions expressed in this post are those of the author and do not necessarily reflect the official policy or position of HuntWa or the site owner.

Offline Jpmiller

  • Trade Count: (0)
  • Scout
  • ****
  • Join Date: May 2016
  • Posts: 438
  • Location: Wilkeson
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #31 on: November 30, 2016, 08:29:17 AM »
Was the whole " called wdfw and asked permission" thing ever confirmed or denied?

Offline OutHouse

  • Off-Topics
  • Trade Count: (0)
  • Hunter
  • *****
  • Join Date: Jul 2015
  • Posts: 132
  • Location: Cowiche WA
  • Department of Foliage, Lifetime Member
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #32 on: November 30, 2016, 12:09:50 PM »
Not taking the deal seems odd to me and leads me to believe he thinks he has a pretty good shot at not being convicted.

I've seen numerous people turn down that deal (its called a Stipulated Order of Continuance), and then go on to lose at trial. In my experience its usually a pride thing i.e. "I didn't do anything wrong, so I won't take any deal" sort of attitude. If the prosecutor has witnesses to prove the elk was in fact shot in a closed unit, this should not be very hard to prove. Especially if the whole they gave me permission thing turns out to be false.

Offline huntnphool

  • Chance favors the prepared mind!
  • Off-Topics
  • Trade Count: (+3)
  • Legend
  • *****
  • Join Date: Apr 2007
  • Posts: 24147
  • Location: Pacific NorthWest
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #33 on: November 30, 2016, 12:46:19 PM »
Regardless of the official reasons of the multiple continuances, you would have to be blinder than Lady Justice herself to believe that the system is not being gamed to allow Mr. Reichert to continue hunting until he fills his tags.
 :twocents:

No that's another issue, and I agree with you entirely. He shouldn't be allowed to hunt while this goes on.

You would strip him of his right to hunt while he stands accused but  has not been convicted?

Sounds like you're not much into due process.

 1491 ring a bell?
The things that come to those who wait, may be the things left by those who got there first!

Offline huntnphool

  • Chance favors the prepared mind!
  • Off-Topics
  • Trade Count: (+3)
  • Legend
  • *****
  • Join Date: Apr 2007
  • Posts: 24147
  • Location: Pacific NorthWest
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #34 on: November 30, 2016, 12:49:14 PM »
Pre trial stipulation that he can't hunt in Wa would of been nice. That would of sped up the process I'm sure.

 That was part of the original mandate, he fought it and got it overturned.
The things that come to those who wait, may be the things left by those who got there first!

Offline lord grizzly

  • Trade Count: (0)
  • Tracker
  • **
  • Join Date: Jun 2016
  • Posts: 75
  • Location: idaho
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #35 on: November 30, 2016, 01:27:41 PM »
Pre trial stipulation that he can't hunt in Wa would of been nice. That would of sped up the process I'm sure.

 That was part of the original mandate, he fought it and got it overturned.

as it should be. innocent until proven guilty im pretty sure still applies.

Offline OutHouse

  • Off-Topics
  • Trade Count: (0)
  • Hunter
  • *****
  • Join Date: Jul 2015
  • Posts: 132
  • Location: Cowiche WA
  • Department of Foliage, Lifetime Member
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #36 on: November 30, 2016, 01:27:51 PM »
Many or most cases take 6-12 months.  I'm wondering why you all think it's special favoritism or rich money that buys him this time?  It's simply not true.  Yes, they are fighting this case but just as many public defense cases take this much.  Another person answered his attorney is just racking up the fees...  It's probably a flat fee or stepped.  To think he is getting paid much is crazy.  To all those that think you can pay for a good result or to walk on a case like this you are simply wrong.  Nothing could be farther from the truth.  This is coming from an experienced criminal attorney that handles these matters.  The law simply doesn't move as fast as social media or you want.  Sorry justice and preserving someone's rights takes a while.  If it were you, and it could be some day, you'll thank your stars you have rights and a good attorney to protect you in whatever someone may wrongfully accuse you of.  That being said, if he is guilty the process will eventually work.

Think about this though...  He's been offered a continuance dismissal agreement and has turned it down.  Does that not peak anyone's interest?

Yes! Someone with the experience to tell us how this process works. Part of my practice is criminal defense as well (haven't been at too long though) and I just laugh at all the comments where people think the attorney is the reason for the delays.  If I have a good reason I could make a DUI last 2 years until resolution! Kidding but I'm sure you know what I mean.

Offline huntnphool

  • Chance favors the prepared mind!
  • Off-Topics
  • Trade Count: (+3)
  • Legend
  • *****
  • Join Date: Apr 2007
  • Posts: 24147
  • Location: Pacific NorthWest
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #37 on: November 30, 2016, 02:11:15 PM »
Pre trial stipulation that he can't hunt in Wa would of been nice. That would of sped up the process I'm sure.

 That was part of the original mandate, he fought it and got it overturned.

as it should be. innocent until proven guilty im pretty sure still applies.

  :chuckle: Relax!
The things that come to those who wait, may be the things left by those who got there first!

Offline JimmyHoffa

  • Off-Topics
  • Trade Count: (+2)
  • Old Salt
  • *****
  • Join Date: Sep 2010
  • Posts: 8597
  • Location: 150 Years Too Late
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #38 on: November 30, 2016, 02:22:09 PM »
Many or most cases take 6-12 months.  I'm wondering why you all think it's special favoritism or rich money that buys him this time?  It's simply not true.  Yes, they are fighting this case but just as many public defense cases take this much.  Another person answered his attorney is just racking up the fees...  It's probably a flat fee or stepped.  To think he is getting paid much is crazy.  To all those that think you can pay for a good result or to walk on a case like this you are simply wrong.  Nothing could be farther from the truth.  This is coming from an experienced criminal attorney that handles these matters.  The law simply doesn't move as fast as social media or you want.  Sorry justice and preserving someone's rights takes a while.  If it were you, and it could be some day, you'll thank your stars you have rights and a good attorney to protect you in whatever someone may wrongfully accuse you of.  That being said, if he is guilty the process will eventually work.

Think about this though...  He's been offered a continuance dismissal agreement and has turned it down.  Does that not peak anyone's interest?

Yes! Someone with the experience to tell us how this process works. Part of my practice is criminal defense as well (haven't been at too long though) and I just laugh at all the comments where people think the attorney is the reason for the delays.  If I have a good reason I could make a DUI last 2 years until resolution! Kidding but I'm sure you know what I mean.
Some guys I know that were charged with DUI would use attorneys that specialized in continually delaying the trial for years if need be.  Eventually the prosecutor missed the hearing or just grew tired and the charges were dismissed.  The attorneys would try to schedule the appearances for inconvenient times--beginning of the day or late on Friday; even try to schedule on days when it was known that traffic would be really bad--construction, sports game, etc.

Offline Lefthook

  • Trade Count: (0)
  • Hunter
  • ***
  • Join Date: Nov 2016
  • Posts: 216
  • Location: Lake Lawrence
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #39 on: November 30, 2016, 02:46:01 PM »
I don't know who he is or where he came from but with all those huge bulls from high dollar permits he obviously has the funds to run the clock out like Mr. Hoffa says.

Offline fishngamereaper

  • Off-Topics
  • Trade Count: (+1)
  • Sourdough
  • *****
  • Join Date: Oct 2011
  • Posts: 1223
  • Location: kitsap
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #40 on: November 30, 2016, 03:27:18 PM »
Pre trial stipulation that he can't hunt in Wa would of been nice. That would of sped up the process I'm sure.

 That was part of the original mandate, he fought it and got it overturned.

as it should be. innocent until proven guilty im pretty sure still applies.

Has nothing to do with guilty or not. A lot of crimes come with pre trial stipulations. Its an attempt to keep people that make stupid decisions from repeating those decisions. Trust me, a lot of people with pending court cases don't get the hint and for some reason can't help but act stupid again, and again etc...

Offline 2MANY

  • Off-Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Jun 2013
  • Posts: 1253
  • Location: Chehalis
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #41 on: November 30, 2016, 03:34:47 PM »
Knotty.

Cedar.

Fence Boards.

Offline Branden

  • Trade Count: (0)
  • Scout
  • ****
  • Join Date: Dec 2011
  • Posts: 323
  • Location: nodak
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #42 on: November 30, 2016, 04:10:07 PM »
Not taking the deal seems odd to me and leads me to believe he thinks he has a pretty good shot at not being convicted.

Maybe they saw the Utah Gov sheep tag hunter get off with the phone call excuse so they feel they have a good shot also. (if a phone call was actually made)

Offline popeshawnpaul

  • Washington For Wildlife
  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: Jul 2007
  • Posts: 3544
  • Location: Bellevue, WA
    • http://www.facebook.com/smccully
    • Nature Photography
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #43 on: December 21, 2016, 01:22:26 PM »
Many or most cases take 6-12 months.  I'm wondering why you all think it's special favoritism or rich money that buys him this time?  It's simply not true.  Yes, they are fighting this case but just as many public defense cases take this much.  Another person answered his attorney is just racking up the fees...  It's probably a flat fee or stepped.  To think he is getting paid much is crazy.  To all those that think you can pay for a good result or to walk on a case like this you are simply wrong.  Nothing could be farther from the truth.  This is coming from an experienced criminal attorney that handles these matters.  The law simply doesn't move as fast as social media or you want.  Sorry justice and preserving someone's rights takes a while.  If it were you, and it could be some day, you'll thank your stars you have rights and a good attorney to protect you in whatever someone may wrongfully accuse you of.  That being said, if he is guilty the process will eventually work.

Think about this though...  He's been offered a continuance dismissal agreement and has turned it down.  Does that not peak anyone's interest?

Yes! Someone with the experience to tell us how this process works. Part of my practice is criminal defense as well (haven't been at too long though) and I just laugh at all the comments where people think the attorney is the reason for the delays.  If I have a good reason I could make a DUI last 2 years until resolution! Kidding but I'm sure you know what I mean.
Some guys I know that were charged with DUI would use attorneys that specialized in continually delaying the trial for years if need be.  Eventually the prosecutor missed the hearing or just grew tired and the charges were dismissed.  The attorneys would try to schedule the appearances for inconvenient times--beginning of the day or late on Friday; even try to schedule on days when it was known that traffic would be really bad--construction, sports game, etc.

I've been a DUI attorney for 16 years.  I have never seen this occur anywhere ever.  Whomever told you this is not being truthful.  I have seen cases dragged out for a year or a year in a half.  In those instances, it's usually for evidential reasons and eventually new facts or arguments are made and sometimes a better offer.  That is not what is occurring in this case.  Much of the delay is due to the co-defendant coming on board and because the attorney is not done making pre-trial motions. 

Offline popeshawnpaul

  • Washington For Wildlife
  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: Jul 2007
  • Posts: 3544
  • Location: Bellevue, WA
    • http://www.facebook.com/smccully
    • Nature Photography
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #44 on: January 24, 2017, 10:29:00 AM »
Reichert's attorney recently filed a motion to dismiss and argued it unsuccessfully.  The court ordered the prosecutor to identify which particular portion of the statute they are prosecuting Reichert for and they amended it to 1(b) set out below.  It was set back to pre-trial in the next few days.


RCW 77.15.410

Unlawful hunting of big game—Penalty.

(1) A person is guilty of unlawful hunting of big game in the second degree if the person:

(a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; or

(b) Violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.

(2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:

(a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or

(b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.

(3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

(b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all of the person's hunting licenses or tags and order the person's hunting privileges suspended for ten years.

(4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.

Offline huntnphool

  • Chance favors the prepared mind!
  • Off-Topics
  • Trade Count: (+3)
  • Legend
  • *****
  • Join Date: Apr 2007
  • Posts: 24147
  • Location: Pacific NorthWest
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #45 on: January 24, 2017, 11:18:34 AM »
Thanks for the update :tup:
The things that come to those who wait, may be the things left by those who got there first!

Offline Rainier10

  • Board Moderator
  • Trade Count: (+1)
  • Old Salt
  • *****
  • Join Date: Dec 2010
  • Posts: 5060
  • Location: Over the edge
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #46 on: January 24, 2017, 11:35:20 AM »
Pain is temporary, achieving the goal is worth it.

I didn't say it would be easy, I said it would be worth it.

Every father should remember that one day his children will follow his example instead of his advice.


The views and opinions expressed in this post are those of the author and do not necessarily reflect the official policy or position of HuntWa or the site owner.

Online pianoman9701

  • Mushroom Man
  • Trade Count: (+2)
  • Legend
  • ******
  • Join Date: Mar 2011
  • Posts: 22739
  • Location: Vancouver USA
  • NRA Life, MH, WFW, CCRKBA, NAGR, RMEF, WSB
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #47 on: January 24, 2017, 12:10:45 PM »
Regardless of the official reasons of the multiple continuances, you would have to be blinder than Lady Justice herself to believe that the system is not being gamed to allow Mr. Reichert to continue hunting until he fills his tags.
 :twocents:

No that's another issue, and I agree with you entirely. He shouldn't be allowed to hunt while this goes on.

You would strip him of his right to hunt while he stands accused but  has not been convicted?

Sounds like you're not much into due process.

IMHO, it should depend on who's requesting the delay. If the state is requesting the delay, the hunter shouldn't be punished with a hunting ban  while they make up their mind to prosecute. However, if the hunter is the one requesting the delay, therefore basically forfeiting his rights to a speedy trial  under the 6th Amendment, he shouldn't get to hunt indefinitely while his highly-paid lawyers keep delaying so he can hunt more. Were you or I in his shoes and couldn't afford a team of legal experts to run up the state's bill, this would've been heard by now and a verdict handed down.  :twocents:
"Restricting the rights of law-abiding citizens based on the actions of criminals and madmen will have no positive effect on the future acts of criminals and madmen. It will only serve to reduce individual rights and the very security of our republic." - Pianoman

Online Boss .300 winmag

  • Best Biggie Blogger
  • Washington For Wildlife
  • Trade Count: (+4)
  • Old Salt
  • *****
  • Join Date: Oct 2010
  • Posts: 8119
  • Location: Skagit Valley
  • DAN-O CAN'T TAKE BIGGIE PICS
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #48 on: January 24, 2017, 12:12:31 PM »
Regardless of the official reasons of the multiple continuances, you would have to be blinder than Lady Justice herself to believe that the system is not being gamed to allow Mr. Reichert to continue hunting until he fills his tags.
 :twocents:

No that's another issue, and I agree with you entirely. He shouldn't be allowed to hunt while this goes on.

You would strip him of his right to hunt while he stands accused but  has not been convicted?

Sounds like you're not much into due process.

IMHO, it should depend on who's requesting the delay. If the state is requesting the delay, the hunter shouldn't be punished with a hunting ban  while they make up their mind to prosecute. However, if the hunter is the one requesting the delay, therefore basically forfeiting his rights to a speedy trial  under the 6th Amendment, he shouldn't get to hunt indefinitely while his highly-paid lawyers keep delaying so he can hunt more. Were you or I in his shoes and couldn't afford a team of legal experts to run up the state's bill, this would've been heard by now and a verdict handed down.  :twocents:


 :yeah:

He's just gaming the system.  :bash:
"Just because I like granola, and I have stretched my arms around a few trees, doesn't mean I'm a tree hugger!
Hi I'm 8156, our leader is Bearpaw.


Keep Calm And Duc On!

Online pianoman9701

  • Mushroom Man
  • Trade Count: (+2)
  • Legend
  • ******
  • Join Date: Mar 2011
  • Posts: 22739
  • Location: Vancouver USA
  • NRA Life, MH, WFW, CCRKBA, NAGR, RMEF, WSB
Re: ‘Bullwinkle’ elk poaching case postponed again
« Reply #49 on: January 24, 2017, 12:30:44 PM »
Regardless of the official reasons of the multiple continuances, you would have to be blinder than Lady Justice herself to believe that the system is not being gamed to allow Mr. Reichert to continue hunting until he fills his tags.
 :twocents:

No that's another issue, and I agree with you entirely. He shouldn't be allowed to hunt while this goes on.

You would strip him of his right to hunt while he stands accused but  has not been convicted?

Sounds like you're not much into due process.

Hunting isn't a right. It is in a couple of states, but not WA. The delays in this trial are due to his having inexhaustible funds to tie up the state while he enjoys his freedom to continue hunting everywhere he wants or has paid tens of thousands to hunt. I'm all about individual rights. This 'aint one of 'em and he's abusing the system with his money. If he's proven guilty, he should have to pay for the state's legal fees for dragging this out so long. You or I couldn't do that.
"Restricting the rights of law-abiding citizens based on the actions of criminals and madmen will have no positive effect on the future acts of criminals and madmen. It will only serve to reduce individual rights and the very security of our republic." - Pianoman

 

ElkNut Outdoor Productions

* Recent Topics

Model 700? (60 Minutes Show) by BLRman
[Today at 01:13:48 PM]


Stand Your Ground by Redbeard
[Today at 01:11:53 PM]


Weatherby sa08 by hunthard
[Today at 01:04:47 PM]


F/S Bowtech Guardian by MR5x5
[Today at 12:56:14 PM]


FS- Kuiu Ultra 3000 by JKEEN33
[Today at 12:54:33 PM]


AR 15 rifles 5.56 ready to roll nib 500.00!!!! by carpsniperg2
[Today at 12:53:32 PM]


SB 5795 - More backdoor gun control by Henrydog
[Today at 12:51:51 PM]


Big Tom by HUNTINCOUPLE
[Today at 12:48:49 PM]


The things that humor me. by Blacktail Sniper
[Today at 12:47:16 PM]


If we get locked out of the winter range, here's why. by bearpaw
[Today at 12:40:17 PM]


Re: Chain Reaction Game by garrett89
[Today at 12:37:50 PM]


Re: Word Association Game by garrett89
[Today at 12:37:12 PM]


Looking for Organic WA Commercial Lamb, Pork, Beef Ranches by Skillet
[Today at 12:34:38 PM]


Flint Lock issues by AWS
[Today at 12:29:22 PM]


HOT ITEM: Ruger precision rifle 308 nib by pianoman9701
[Today at 12:29:03 PM]


H-W $100 Lotto "Enter Free" by pianoman9701
[Today at 12:21:17 PM]


Remington recall: Model 700 and 7's by elkaholic123
[Today at 12:13:28 PM]


Lincoln cliffs sheep by GurrCentral
[Today at 11:58:59 AM]


WTB rifle action for project. 98 mauser or whatever by 724wd
[Today at 11:56:50 AM]


What is in your pack cooking/food related? by Skyvalhunter
[Today at 11:54:26 AM]