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MT Sheep Hunter Fined

Nemont

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http://www.dailyinterlake.com/article/20161222/ARTICLE/161229951

HUNTER HIT WITH COSTLY PENALTIES AFTER MISHAP
December 22, 2016 at 8:00 am | By SAM WILSON Daily Inter Lake

Jeff Fleming wishes he could take back the most expensive three seconds of his life.

On Oct. 28, the Kalispell hunter was convicted by Thompson Falls Justice of the Peace Donald M. Strine of illegally killing two bighorn sheep during a hunting trip in the Knowles Creek area. He says that it was an honest mistake, but one that still wound up costing him more than $32,000 in fines after he self-reported the incident.
 
It was poor judgement on the hunters part for shooting the second time. He also did the right thing by self reporting himself but it sure seems like he got a stiffer penalty than a lot of outright poachers are getting.
 
I, too, wonder about the severity. He made a mistake.

Outright poachers are given far less.

The judge said the wording of the law gave him no leeway. Maybe the law for outright poachers should be given the no leeway language.

I have taken a shot into a herd of deer. Definitely, makes your cautious. I was lucky, my little buck was at the rear of the herd further up the mountain. Gave a nice neck shot. Max 50 to 75 yards.

Yes, I thought about hitting another deer; but it would have been a clean miss if I missed. But you have to think about it!
 
Maybe the law for outright poachers should be given the no leeway language.

This for sure. Shows how much we value the integrity of hunters. Good on the gentleman for self reporting and following through.

I don't know how many stories I've heard of people shooting multiple elk out of a herd thinking that they only shot 1. Drives me crazy.
 
Pretty sure I know what the next guy that messes up like this "WON'T" do..
 
This is the type of thing that makes honest people dishonest. Never intentionally broke game laws, in 15 years of hunting waterfowl 40-60 days a year on one day I made a mistake one time and was honest to a game warden. He cited me, $650 ticket, I plead not guilty and the case was dismissed because the Da was not interested in pursuing it because there was no criminal intent. Game warden got pissed and handed the case off to a federal game warden. 10 months later I get a notice to appear or pay a fine from federal district court. Option 1 pay fine and plead guilty to infraction or option 2 plead not guilty and if you are convicted it will be a misdemeanor. As stubborn as I am I choose 1, after all I was guilty, just not intentionally.

To my point, most states don't have enough wardens and there are plenty truly criminal activities going on. If they want us to be their eyes and ears they need to have discretion. More so, many states write game laws very binding because they some judges wont be familiar with game laws. In this case obviously the judge needed to have the ability to apply less of a sentence in my opinion.
 
Would have made an entertaining episode of "Wardens". Did I miss where somebody suggested to "let him walk"? He could have accidentally shot a person and been fined less.
 
The way I read it: $735 fine for hunting over the limit. He also lost his hunting, trapping and fishing privileges for 30 months. Doesn't sound so bad to me.

The rest is restitution. You might only get $100.00 for backing into to a Lamborghini but have to pay 50k to make the owner whole. Should you be able to pay $10k just because it was an accident? I don't think the owner would think that was fair.

Sounds like the restitution was a set valuation by the state over which the judge had no discretion. How much is a trophy ram and a ewe worth?
 
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