questionable Warden ruling

[bigtex]

I sure wish the warden were available. I have a feeling the story would be quite different.

Unfortunately these stories just create more angst against officers/departments, yet we never hear the full "truth."

I will say this as well. Ever since the Summer of 2012 all crimes now require a mandatory court appearance and in many counties the officer no longer issues you a criminal citation but rather refers it to the county for the prosecutor to decide if they should file charges. So in this case, the prosecutor must've thought there were was enough in the case to actually prosecute the guy. One thing the change in 2012 has done was reduce the potential of some small/petty crimes being prosecuted, because if an officer refers a small/petty case then they can always deny prosecution. The days of getting a criminal citation with a fine are gone in WA for all crimes.

[floatinghat]

Criminal trespass in the second degree.

(1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

It sounds like he did not know and only remained in the presence and at the request of the officer?  Me also believe there is more to this story.

[mpetersen]

I don't know about Hancock but Weyco gave my buddy and I permission to pack his Winston bull out after hours. They did refuse vehicle access, got it out with bikes around five a.m. Probably should have waited till morning and used the truck but he was all jumpy about critters getting on it.

[KimWar1911]

Honest mistakes can be made by anyone. Leaving an elk to waste is someone that no one wishes to see or participate in.

What bothers me about stories like this is what I perceive as an entitlement mentality. “I’m entitled to hunt on private land. I’m entitled to have the landowner’s rules plainly posted where I can easily read them, and not have to do any type of preparation. I’m entitled to have no consequences if I break the landowner’s rules.”

Yes, it sounds like the LE could have been of more assistance. Without hearing his version of the story, it’s difficult to pass judgment on him.

There are plenty of things that could have been done to prevent this. First, learn the landowner’s rules in advance. That’s your responsibility, not the landowner’s.

If you shoot an animal after sunset, and expect to need help to pack it out that’s 12 miles away, what kind of planning and ethical thought process is that? What if your friends weren’t available? What if it rains on the blood trail and you can’t find it? Why not stay until it is killed and gutted?

Well put. I would really be curious to hear the other side.

[bobcat]

With the guts and hide still on it, it sure will.


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[popeshawnpaul]

Hmm, good fact scenario.  It would be a criminal trespass 2nd degree, a simple misdemeanor.  No judge would give you a harsh sentence because it's a minimal misdemeanor with good facts.  In fact, I bet most prosecutors will give him a stipulated agreement to dismiss or a deferred sentence.  I would contact Weyerhauser or the landowner and get them to compromise and dismiss the case.  That being said, I might try and assert a defense and take it to trial should the prosecutor make an unfair offer.  I would argue a necessity defense.  You could state you had no legal alternative to not committing the criminal law violation of leaving game to spoil.  You can't really fault the warden here as he has directive or understanding from the landowner that they aren't allowed to be there at night.  He is just enforcing what I would think is their right to kick people out of their land.  Maybe he felt bad being in there like they were and knew it would take more time to get the elk out, risking them all with getting caught against the landowner's wishes.

Sounds like a fun case.  I would love this one.

[Bullkllr]

Am I missing something here?  He shot a elk at sunset plus a bit, tracked it for a short time, hiked out, got his buddies, came back, and then was told not to come in etc.  By my math that means that the elk was most likely killed between 4 and 7 pm.  Even if it laid overnight and he had to go back the next morning, how did it spoil?  It could be 60 degrees out and a elk shouldn't spoil overnight. 

Seems to me that elk didn't lay more than 12 to 15 hours at the worst.  Even if  he didn't gut it after they found it with the warden, it shouldn't have spoiled.  When did you get back to pack it out?

12-15 hours at 60 degrees? I'd guess it could be a total loss.  Hanging in a bag, no... heating up under the hide on the ground, yeah...

[buglebrush]

How bout just end the shooting hours to around noon time, so everyone can recover the elk and be out by dark. 

Sadly this is the only viable option on a game animal like elk.  Even then you may not have the last load out until after dark.  Ridiculous to say the least.