Ten Bears
New member
http://www.boundary-idaho.com/press/040212gustafson.htmFormer deputy sentenced for poaching
February 12, 2004
Magistrate Judge Benjamin Simpson, Kootenai County, sentenced former Boundary County Sheriffs Deputy Heath Gustafson, 32, Bonners Ferry, this morning in a case prosecuted by Bonner County deputy prosecutor Louis Marshall.
Gustafson was charged with three game violations December 15, 2003, after shooting a buck from a sheriffs vehicle, using the vehicle’s spotlight and a sheriffs assault rifle shortly after he went off shift near midnight near Naples. He pled guilty to all three charges; killing a deer during closed season, hunting with an artificial lighting and shooting from a motor vehicle.
Because the case involved a local deputy, on December 18 a motion of withdrawal from Boundary County Prosecutor Jack Douglas, citing conflict of interest, was approved and Bonner County Prosecutor Phil Robinson was appointed to prosecute the case for the state.
“Because of that conflict,” Douglas said, “the Boundary County Prosecutors Office did not in any way handle this case and had no input at all in the charges filed or in the sentencing.”
Gustafson, who lost his position with the sheriffs office in the wake of the incident, represented himself.
Following Marshall’s recommendation, Simpson handed down a sentence of 90 days in jail, with 85 days suspended, and allowed Gustafson to perform 16 hours on the Sheriff’s inmate work program in lieu of the jail time. He was fined $300, suspended, and ordered to pay $81 in court costs, and his Idaho hunting privileges were suspended for four years. In addition, he was ordered to pay a civil penalty of $2,000 and a $50 processing fee to the Idaho Department of Fish and Game.
I didn't see where any ATV was involved in that one either.......