Defense Attorney Argues: No Antlers, No Felony
Several states, such as Montana and Colorado have poaching laws that elevate a crime to felony status if the poached animal is considered a trophy based on measurements of the poached animals antlers. Jimmie Roberts is accused of poaching a trophy class bull in Montana, along with several other related poaching charges, however the state could not produce the trophy antlers during Mr. Roberts' ongoing trial.
According to the Billings Gazette, Mr. Roberts' defense attorney has asked that the felony charge be dismissed because they are not able to independently measure the antlers.
In his motion and at the hearing Friday Roberts’ attorney, Jeff Michael, argued that the felony accusation should be dismissed because the antlers from the bull elk were inadvertently sold to a Billings recycling company before trial. As a result, Michael said, his client is unable to independently determine through a defense expert whether the antlers meet the criteria of a trophy animal under state law.