Hunting Washington Forum
Community => Advocacy, Agencies, Access => Topic started by: Doublelunger on July 05, 2017, 02:01:55 PM
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http://www.wallowa.com/local_news/20170630/harshfield-sentenced-for-killing-elk-illegally
A Wallowa rancher accused of killing 24 elk on his property for eating hay intended for his livestock received a hefty fine and supervised probation after he pleaded guilty to six of the killings in Wallowa County Circuit Court. Judge Thomas Powers presided.
On June 28, Larry Michael Harshfield, 69, pleaded guilty to six counts of Taking, Angling, Hunting, or Trapping in Violation of Wildlife Law or Rule. The incidents occurred between Dec. 1, 2016 and Feb. 11 of this year when Oregon State Police game wardens appeared at the Harshfield ranch after receiving an anonymous tip about the killings.
On April 14, Harshhfield was charged with the killings. Law enforcement officials arrested Harshfield, but he was released on his own recognizance later in the day.
After Harshfield’s plea, Powers ordered the rancher to pay $3,000 restitution/compensatory fine on each of the six counts. The rancher lost his hunting privileges for three years and received 24 months of supervised probation. He will also work with the ODFW and the district attorney’s office to make three public presentations of programs available in Wallowa County for local landowners to deal to with the elk population.
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If that is the best they can do I guess it is okay. I would have liked to have seen more of a fine but I am really glad that it isn't less. $18,000 is a pretty big hit to the pocket book and who knows how it would have gone if it went to trial.
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Is there still charges pending on the remaining animals?
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Is there still charges pending on the remaining animals?
He made a deal and entered a plea of guilty for only 6 animals. That's all there is.
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Sounds like in the end they hired him.
LOL.
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:chuckle: yeah, but he had to pay $18K for the right to interview.
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"24 months of supervised probation" ??
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Its a joke. No hard jail time? This court system is a farce. Any judge that would sign off on that agreement should be removed and get a new job in the circus as Bozo the Clown. Probably won't have to pay for beef for the rest of his life. One elk maybe but 24? No way. Shows you how corrupt our legal system is. This is why poachers will never stop destroying our herds because they know they will get a hand slap. I wonder if the perp even allows hunters on his property?
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Still a chunk of money. Having to do the public presentations is actually pretty harsh. Many would not do it. I think he had to swallow a lot of pride to admit guilt and take the deal. The penalty is much stiffer than some other cases.
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Still a chunk of money. Having to do the public presentations is actually pretty harsh. Many would not do it. I think he had to swallow a lot of pride to admit guilt and take the deal. The penalty is much stiffer than some other cases.
Boo Hoo! Instead of spending a few years in the pokey like he deserves, he has to give a few lectures. Oh, the humanity! What a joke. Swallowing his pride is minor compared to other things he would be swallowing in prison. I bet he sobbed at his sentencing(sarc).
PS: I bet he can easily afford the fine and I bet it is less than he spent on attorney fees to keep out of jail. They should have seized his ranch.
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Still a chunk of money. Having to do the public presentations is actually pretty harsh. Many would not do it. I think he had to swallow a lot of pride to admit guilt and take the deal. The penalty is much stiffer than some other cases.
Boo Hoo! Instead of spending a few years in the pokey like he deserves, he has to give a few lectures. Oh, the humanity! What a joke. Swallowing his pride is minor compared to other things he would be swallowing in prison. I bet he sobbed at his sentencing(sarc).
PS: I bet he can easily afford the fine and I bet it is less than he spent on attorney fees to keep out of jail. They should have seized his ranch.
How do we know he can afford the fine? It very well could be that he is struggling and just lost it.
There is a lot we don't know. I do not support what he did. Still I have to give a grain of salt. Many cattle ranchers have a few good years and many bad years. Often they are beholden to the bank. I work with a lot of different agricultural situations. Many struggle from year to year. Yes, there are some that inherited a bank role and think the world owes them. I know of no other cases in many states where one has agreed to publicly admit he was wrong in a public format. This is far bigger than you think. Do you work around cattle men and farmers? I have. While I do not agree with his actions I am wiling to chalk it up to stubborn ignorance. This guy has my attention and a little respect and my hope is that if he follows through ODFW will make a banner attempt at helping him.
Consider other cases when found guilty and given a slap on the pinky they still appeal. We have some in Washington right now and it is disgusting!
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$18K would put me deeply in debt. It's hardly a slap on the wrist.
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$18K for 24 Elk, that's a cheap Elk Hunt. :bash:
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$18K would put me deeply in debt. It's hardly a slap on the wrist.
:yeah: :tup:
Some jail time would have been nice but I'm glad he got a big fine. Hopefully he actually pays all of it.
The 3 year probation sucks - I would prefer 10 year minimum.
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I'm not a fan of filling the jails with people unless they are a threat to society.
While the fine seems light to us sportsmen, the non hunting will think the fine is large. I'm ok with the punishment; I bet he won't be doing that again.
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Still a chunk of money. Having to do the public presentations is actually pretty harsh. Many would not do it. I think he had to swallow a lot of pride to admit guilt and take the deal. The penalty is much stiffer than some other cases.
Boo Hoo! Instead of spending a few years in the pokey like he deserves, he has to give a few lectures. Oh, the humanity! What a joke. Swallowing his pride is minor compared to other things he would be swallowing in prison. I bet he sobbed at his sentencing(sarc).
PS: I bet he can easily afford the fine and I bet it is less than he spent on attorney fees to keep out of jail. They should have seized his ranch.
Spoken like a true liberal who identifies as Ken.
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I'm not a fan of filling the jails with people unless they are a threat to society.
While the fine seems light to us sportsmen, the non hunting will think the fine is large. I'm ok with the punishment; I bet he won't be doing that again.
You're probably good for me on this forum :chuckle:
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$18K for 24 Elk, that's a cheap Elk Hunt. :bash:
Look, there's no excuse for what he did and how he handled it. I have a feeling that he was frustrated with damage to his farm/fences, crops, and blew up and screwed up - still no excuse. Jail time would likely mean the loss of his assets, his livelihood and then we have another family on the welfare rolls. The fine will hurt a lot. I would've preferred a 10 year or lifetime suspension of privileges and would like to have seen hundreds of hours of community service in habitat restoration and improvement.
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I'm not a fan of filling the jails with people unless they are a threat to society.
While the fine seems light to us sportsmen, the non hunting will think the fine is large. I'm ok with the punishment; I bet he won't be doing that again.
You're probably good for me on this forum :chuckle:
:chuckle: Glad to help. :)
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I get the anger and feel it myself. It just boils down to what's best for society as a whole? Do we ruin the guy's life completely and create a situation which puts him and his family out of their farm or do we make it hurt enough to make him an example? I guarantee there's no one out there thinking $18K is a great deal that makes it worthwhile to slaughter and waste a herd of elk. Certainly, other farmers will think twice before taking wildlife matters into their own hands. :dunno:
Another punishment/restitution might have been to force him to annually allow hunting on his property to keep elk numbers down.
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I get the anger and feel it myself. It just boils down to what's best for society as a whole? Do we ruin the guy's life completely and create a situation which puts him and his family out of their farm or do we make it hurt enough to make him an example? I guarantee there's no one out there thinking $18K is a great deal that makes it worthwhile to slaughter and waste a herd of elk. Certainly, other farmers will think twice before taking wildlife matters into their own hands. :dunno:
Another punishment/restitution might have been to force him to annually allow hunting on his property to keep elk numbers down.
That would have been good - he may allow it now since he really doesn't have much choice. I doubt he'll be getting many damage permits in the near future.
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Still a chunk of money. Having to do the public presentations is actually pretty harsh. Many would not do it. I think he had to swallow a lot of pride to admit guilt and take the deal. The penalty is much stiffer than some other cases.
Boo Hoo! Instead of spending a few years in the pokey like he deserves, he has to give a few lectures. Oh, the humanity! What a joke. Swallowing his pride is minor compared to other things he would be swallowing in prison. I bet he sobbed at his sentencing(sarc).
PS: I bet he can easily afford the fine and I bet it is less than he spent on attorney fees to keep out of jail. They should have seized his ranch.
Spoken like a true liberal who identifies as Ken.
Hmmmm. Someone who wants to see criminals do the time and pay heavy fines for 24 elk instead of for 6 at a reduced fine is a liberal? You better run down and get your new Ken Doll with the man bun before they sell out. You are going to need it when it gets cold out and your feet hurt when you are hunting and you need something to comfort you while you sob away.
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We shouldn't be attacking each other over a discussion on poaching, guys. Try and dial the rhetoric down and have an intelligent discussion without name-calling and insults.
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I total agree.
Liberal is a bad word.
Sorry.
BTW how do you know Ken identifies as a man?
Or can women wear man buns too?
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When I look at whether or not someone got an easy punishment or not I look at the maximum penalty for the charge vs. what they got.
Illegally killing an elk in Oregon is a Class A Misdemeanor carrying up to a $6,250 criminal fine, up to 1 year in jail plus $1,500 in restitution for a "non-trophy elk" or $15,000 for a non-trophy elk. A judge can also impose a higher restitution if they'd like
So, in this case if he were charged with killing the 24 elk (I actually remember seeing an article they only charged for 12..) he faced up to $150,000 in criminal fines, 24 years in jail and $36,000 in restitution (based off the non-trophy amount).
In this case the individual received no criminal fine, no jail time, and $18,000 in restitution.
Now I don't know the rancher, I'm sure none of us do. He may be your average rancher and a $18,000 restitution will definitely hurt him, he also could have a lot of money, I honestly don't know. But I will say that in terms of what he got vs. what he could've gotten he got off. The fact that he doesn't have to spend a day in jail is mind boggling. :twocents:
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When I look at whether or not someone got an easy punishment or not I look at the maximum penalty for the charge vs. what they got.
Illegally killing an elk in Oregon is a Class A Misdemeanor carrying up to a $6,250 criminal fine, up to 1 year in jail plus $1,500 in restitution for a "non-trophy elk" or $15,000 for a non-trophy elk. A judge can also impose a higher restitution if they'd like
So, in this case if he were charged with killing the 24 elk (I actually remember seeing an article they only charged for 12..) he faced up to $150,000 in criminal fines, 24 years in jail and $36,000 in restitution (based off the non-trophy amount).
In this case the individual received no criminal fine, no jail time, and $18,000 in restitution.
Now I don't know the rancher, I'm sure none of us do. He may be your average rancher and a $18,000 restitution will definitely hurt him, he also could have a lot of money, I honestly don't know. But I will say that in terms of what he got vs. what he could've gotten he got off. The fact that he doesn't have to spend a day in jail is mind boggling. :twocents:
My position exactly. I am surprised as to the amount of posts here that think that his sentence was fair for killing 24 er 6 elk but I shouldn't be since this is the Left Coast Killing all those elk was not for self-preservation. You are right, he got off.
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When I look at whether or not someone got an easy punishment or not I look at the maximum penalty for the charge vs. what they got.
Illegally killing an elk in Oregon is a Class A Misdemeanor carrying up to a $6,250 criminal fine, up to 1 year in jail plus $1,500 in restitution for a "non-trophy elk" or $15,000 for a non-trophy elk. A judge can also impose a higher restitution if they'd like
So, in this case if he were charged with killing the 24 elk (I actually remember seeing an article they only charged for 12..) he faced up to $150,000 in criminal fines, 24 years in jail and $36,000 in restitution (based off the non-trophy amount).
In this case the individual received no criminal fine, no jail time, and $18,000 in restitution.
Now I don't know the rancher, I'm sure none of us do. He may be your average rancher and a $18,000 restitution will definitely hurt him, he also could have a lot of money, I honestly don't know. But I will say that in terms of what he got vs. what he could've gotten he got off. The fact that he doesn't have to spend a day in jail is mind boggling. :twocents:
My position exactly. I am surprised as to the amount of posts here that think that his sentence was fair for killing 24 er 6 elk but I shouldn't be since this is the Left Coast Killing all those elk was not for self-preservation. You are right, he got off.
I think it is all relative. Have you read "operation cody"? That guy got off. Don't get me wrong I wish this guy would have got more but he made a deal and didn't go to court. I could see him gettting even less if it went to trial. At least in Washington I could see him getting less.
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Hhhmmmm he has to pay $18000.00 plus all the feed he lost, and damage they did to his ranch. The guy that shot a trophy bull elk in a GMU that was closed for branched antler bull elk got off with nothing paid in restitution.
The rancher didn't go unpunished. :twocents:
The poacher did though. ;)
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No hard feelings here.
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Hhhmmmm he has to pay $18000.00 plus all the feed he lost, and damage they did to his ranch. The guy that shot a trophy bull elk in a GMU that was closed for branched antler bull elk got off with nothing paid in restitution.
The rancher didn't go unpunished. :twocents:
The poacher did though. ;)
How much damage was done to his ranch? You don't even know. Did this rancher let the general public hunt his land to cull the herd? I doubt it. How many of those 24 elk would be trophies? How close to his home did he shoot them? Who got all the meat, hides and heads?
They should have at least forced him to post the equivalent of Washington's "Feel Free to Hunt" signs for the next twenty years and not exclude shooting right next to his residence.
The point is neither the poacher nor the rancher should escape jail time. Its the law and should be enforced in court especially when one kills 24 6 elk. What's the sense in passing laws that no one enforces? Oh, we already know how that works out...
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Well.... you know the rancher probably wore a cowboy hat. :twocents: ;)
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When I look at whether or not someone got an easy punishment or not I look at the maximum penalty for the charge vs. what they got.
Illegally killing an elk in Oregon is a Class A Misdemeanor carrying up to a $6,250 criminal fine, up to 1 year in jail plus $1,500 in restitution for a "non-trophy elk" or $15,000 for a non-trophy elk. A judge can also impose a higher restitution if they'd like
So, in this case if he were charged with killing the 24 elk (I actually remember seeing an article they only charged for 12..) he faced up to $150,000 in criminal fines, 24 years in jail and $36,000 in restitution (based off the non-trophy amount).
In this case the individual received no criminal fine, no jail time, and $18,000 in restitution.
Now I don't know the rancher, I'm sure none of us do. He may be your average rancher and a $18,000 restitution will definitely hurt him, he also could have a lot of money, I honestly don't know. But I will say that in terms of what he got vs. what he could've gotten he got off. The fact that he doesn't have to spend a day in jail is mind boggling. :twocents:
My position exactly. I am surprised as to the amount of posts here that think that his sentence was fair for killing 24 er 6 elk but I shouldn't be since this is the Left Coast Killing all those elk was not for self-preservation. You are right, he got off.
I think it is all relative. Have you read "operation cody"? That guy got off. Don't get me wrong I wish this guy would have got more but he made a deal and didn't go to court. I could see him gettting even less if it went to trial. At least in Washington I could see him getting less.
:yeah: Although he may not have a perfect defense, a few members of a jury could easily be convinced that this guy had valuable property that he was protecting by shooting the elk. If it would have went to trial, I would not at all be surprised if it was a hung jury or even an acquittal.
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Hhhmmmm he has to pay $18000.00 plus all the feed he lost, and damage they did to his ranch. The guy that shot a trophy bull elk in a GMU that was closed for branched antler bull elk got off with nothing paid in restitution.
The rancher didn't go unpunished. :twocents:
The poacher did though. ;)
How much damage was done to his ranch? You don't even know. Did this rancher let the general public hunt his land to cull the herd? I doubt it. How many of those 24 elk would be trophies? How close to his home did he shoot them? Who got all the meat, hides and heads?
They should have at least forced him to post the equivalent of Washington's "Feel Free to Hunt" signs for the next twenty years and not exclude shooting right next to his residence.
The point is neither the poacher nor the rancher should escape jail time. Its the law and should be enforced in court especially when one kills 24 6 elk. What's the sense in passing laws that no one enforces? Oh, we already know how that works out...
Why would he post Washington signs on his ranch in Oregon?
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I'm shocked he had to pay a thing.
He should probably get a better lawyer next time.
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Hhhmmmm he has to pay $18000.00 plus all the feed he lost, and damage they did to his ranch. The guy that shot a trophy bull elk in a GMU that was closed for branched antler bull elk got off with nothing paid in restitution.
The rancher didn't go unpunished. :twocents:
The poacher did though. ;)
How much damage was done to his ranch? You don't even know. Did this rancher let the general public hunt his land to cull the herd? I doubt it. How many of those 24 elk would be trophies? How close to his home did he shoot them? Who got all the meat, hides and heads?
They should have at least forced him to post the equivalent of Washington's "Feel Free to Hunt" signs for the next twenty years and not exclude shooting right next to his residence.
The point is neither the poacher nor the rancher should escape jail time. Its the law and should be enforced in court especially when one kills 24 6 elk. What's the sense in passing laws that no one enforces? Oh, we already know how that works out...
Why would he post Washington signs on his ranch in Oregon?
I guess you either don't know the meaning of the word "equivalent" or you are just a troll.
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I think everyone needs to read Operation Cody who is upset at this story. WDFW enforment leadership actively screwed investigations...
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$18,000 would buy a lot of hay...
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I have a friend in Wallowa county that ranches and that find is chump change. My friend says that most of the big ranches in that area make big money on their beef. And that he can make it up in one little sale of cattle. I am assuming he has a big herd or he wouldn't have been worried about killing 6 as he admits or the 24 he is accused of. And as I see it why didn't e get his hunting privileges taken away for life. Its my understanding, statistically only 2 % of all hunters get 1 elk in their lifetime. Of course there are others. He took at least 6 so he has used up his elk for his life! I too think the court system is in need of repair. Make the sentence fit the crime. People arnt going to learn with a slap on the hand. Just my opinion... :dunno:
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There is little doubt that the rancher had complained about the elk prior and the department of fish and wildlife didn't get off their butt and do anything about it.
Hence the relative weak penalty.
The rancher should be granted more landowner tags to help mitigate the problem in the future and Ken should get a haircut.