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rusty kodie · Joined: 28 May 2003 Posts: 6

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?

therookie · Joined: 24 Mar 2003 Posts: 59 Location: centennial, co

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 ]

donmillion · Joined: 27 Feb 2003 Posts: 394 Location: Colorado

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 · Joined: 27 Feb 2002 Posts: 2619 Location: Colorado

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?

rusty kodie · Joined: 28 May 2003 Posts: 6

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.

donmillion · Joined: 27 Feb 2003 Posts: 394 Location: Colorado

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

rather_be_huntin · Joined: 24 Feb 2003 Posts: 368 Location: Utah

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.

PS350XLT · Joined: 14 May 2003 Posts: 25 Location: Oregon

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 · Joined: 27 Feb 2002 Posts: 2619 Location: Colorado

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 ]

donmillion · Joined: 27 Feb 2003 Posts: 394 Location: Colorado

"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 ]

saskie · Posted: Sat Sep 27, 2003 10:10 pm Post subject:

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.

expatriate · Joined: 26 Oct 2002 Posts: 1255 Location: Alaska

There's some really twisted logic. Crucify those who report accidental kills, and sure enough -- accidental kills decrease. It's a shame when the law turns good people into criminals by inducing them to sacrifice their integrity. Regardless of the particulars of this case, you can be assured that a lot of people who hear of it will resolve never to report an accidental kill.

Laws like this led to the 3S policy -- shoot, shovel, and shutup. Doesn't do a thing to protect game, though.

captchee · Joined: 20 Sep 2003 Posts: 138 Location: Idaho

I have to wonder why the Simpson law was even considered?
You did have a tag so? That tag would be good for the 6X. Leaving you to have killed a 5X illegally .
I think if everything is as you say I would fight this to .

rusty kodie · Joined: 28 May 2003 Posts: 6

They spent three days with me trying to get me to say I shot the 6x second, therefor involking the Sampson Law, but I said again and again I only -at least in my mind-shot at one animal.
We never new which animal was shot first.My partner and I were on the third day charged $25,000 and tossed in the Aspen jail, and later they reduced my fine to $1800 and let us out. I cant hunt for four more years out west, and I walked 8 miles to report the accident. Sure wish someone knew an attorney in the Denver area this week. please

Guest · Posted: Fri Oct 03, 2003 12:33 am Post subject:

Try Attny. Robert A. Lees and Assoc.

Very competent...If he can't help you he can redirect you to someone who can. His office is by the train station in downtown Denver.

Ph. 303 292 1020