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Joined: 05/28/2003
Posts: 6
Does someone know of an attorney in the Denver area.........

I reported an accidental elk kill and now I can't hunt for 5 years in 16 states. Could someone give me the name of an attorney that may understand hunting and be of help?

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Location: centennial, co
Joined: 03/24/2003
Posts: 59
Does someone know of an attorney in the Denver area.........

I know a couple of attorneys. My cousin and my boss' wife are both partners, but in different firms. If you want to give me some more information about the case, I can see about talking to either one of them and then get pointed in a better direction from there. They should be able to give a reference to someone that could help.

PM me with the info.

Kupe

[ This Message was edited by: therookie on 2003-05-30 07:40 ]

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Location: Colorado
Joined: 02/27/2003
Posts: 394
Does someone know of an attorney in the Denver area.........

I'm not an attorney and I don't know any. Nonetheless, I'd be interested in hearing the details of your case, if you don't mind sharing.

bitmasher's picture
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Location: Colorado
Joined: 02/27/2002
Posts: 2973
Does someone know of an attorney in the Denver area.........

You can call your chamber of commerce, usually practices that are active in a town register with the chamber. From there you can call them up and explain the situation and see if they are interested.

I'm with Don, I would like to hear more about the situation if you want to discuss it. I pulled out the DOW info on "accidental take" and it says that there is a DOW investigation upon reporting an accidental take. From the investigation it seems they make a decision on whether (in their opinion) it was accidental or not. Presumably, giving your statement they found your kill not to be accidental.

I don't understand the 16 state ban. Are you saying a ban in CO is good throughout the west?

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Joined: 05/28/2003
Posts: 6
Does someone know of an attorney in the Denver area.........

There are very very few accidental elk kills in Co, because as soon as you report them They find you to be either careless or negligent, depending on the conditions. When they pull your rights on Colorado you will fast learn that all your right to hunt are gone in 16 states for 5 years, due to the wildlife violators compact. When your a violator that's ok, but when your not your up the creek. I Shot an elk and when it didnt go down I shot again, this time bring it down, but to my suprise when I got there I had killed 2 elk one a 5x5 aone a 5x6. My only explanation is that after my first shot they changed direction and places, when I was bolting a shell. I walked 8 miles to report the incident and was first charged $12,000 because one had a 6 th point thus involking the Sampson Law.

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Location: Colorado
Joined: 02/27/2003
Posts: 394
Does someone know of an attorney in the Denver area.........

Wow! I guess this tells the rest of us to be very, VERY careful about follow-up shots!

Location: Utah
Joined: 02/24/2003
Posts: 596
Does someone know of an attorney in the Denver area.........

That seems like a harsh penalty for someone just trying to do the right thing. I do feel that you were responsible for what happened however it could've happened to any of us. I think as long as the meat didn't go to waste and you made an effort to report it, which you did, then it they should tell you to pay for the processing and send the other elk to a food bank or something.

I know a guy who shot a cow on accident while hunting with a bull only tag here in Utah. He immediately reported it and they made him pay the processing fee and donated it to a food bank. They took his tag for that year but the next year he got another tag and was fine.

It just goes to show how those who are really out there breaking laws ruin it for those who are trying to be responsible. I mean accidents happen, do they take your drivers license away when you get in an car accident?

Good luck with your case and I commend you for doing the right thing.

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Location: Oregon
Joined: 05/14/2003
Posts: 25
Does someone know of an attorney in the Denver area.........

I can't beleive how harsh the DOW is being on this. If you reported it immediatly after the fact with your explanation of what happened then something else is wrong.

I heard of a guy hunting in Oregon and he had shot a cow instead of a bull. He called from his cell phone and reported it immediatly. When they showed up they took his license and tag for that year and made him pay for the processing and took it to the food bank. Nothing as drastic as what your going through.

I would also like to the outcome of this.

bitmasher's picture
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Location: Colorado
Joined: 02/27/2002
Posts: 2973
Does someone know of an attorney in the Denver area.........

I assume you probably don't have any prior incidence with the DOW, Rusty? Probably not since you were willing to report the accident.

I think you got ramroded if it happened as you say it did, no details left out. The fine plus the 5 year banning is too much, either one would have been too much in my opinion. My only guess is that the DOW's hands may be tied by the mandatory sentencing requirements of the sampson law. In other words, accident or not, the DOW has no ability to be lenient with hunters that take a "trophy" class animal without license. Just a guess, an attorney would be able to better read the Colorado Revised Statutes for you...

If this is DOW policy, I'm not sure how they expect anybody to report any accident, since there is no benefit.

This is a link to the bill that was passed by CO Congress and is known as the "sampson law"...

[ This Message was edited by: bitmasher on 2003-06-03 23:05 ]

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Location: Colorado
Joined: 02/27/2003
Posts: 394
Does someone know of an attorney in the Denver area.........

"If this is DOW policy, I'm not sure how they expect anybody to report any accident, since there is no benefit."

This is what really concerns me. Hearing this story makes me think twice about whether or not I should report it in case something similar ever happens to me. I'm sure at this point you're wishing when you saw two elk down you had just walked away and said nothing, Rusty!

People who voluntarily report should be treated leniently in order to encourage everyone to voluntarily report!

[ This Message was edited by: donmillion on 2003-06-04 10:45 ]

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Location: West Carleton, Ottawa, Canada
Joined: 12/23/2002
Posts: 1264
Does someone know of an attorney in the Denver area.........

That is harsh. In Canada - at least the 3 provinces that I'm familiar with they normally just take the "better" animal and donate the meat to charity.

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