"Good ol' boys" DA and deputy harass hunters

[Oak]

Beware of "fault" in footprints

By Charlie Meyers
The Denver PostArticle
Launched:04/04/2007 01:00:00 AM MDT

A recent column about sportsmen's difficulties with laws regarding trespass prompted an outpouring of response, mostly from people who felt victimized by poorly marked delineation of public land.

But the one that takes the cake comes from Denver-area resident
David Potter, whose experience while hunting with partner Craig Bullock in Moffat County last archery season is every hunter's nightmare. What follows is an excerpt of his account.

"Our plan was to corner cross at the BLM coordinates to get into the 10,000 acres of 'locked' BLM land without touching the private land. While hunting on the previously land-locked BLM land, we saw two other hunters walking a trail that appeared to be on private land.

"After seeing a lot of elk but not getting any opportunities, we headed back to the truck following the same route. Waiting about 50 yards from the truck was a Moffat County deputy sheriff who introduced himself as Skip Duncan.

"He said the manager of a nearby ranch saw footprints on his property north of County Road 32. We told him we were never near there and showed him our maps, GPS's and even the track log for that day. We also showed him the folder we created from the data on the local BLM website that contained the GPS coordinates for each corner. I also mentioned that we saw two other hunters and maybe it was them.

"After the deputy confirmed via the GPS's that we were not there, he gave us everything back and wanted to know where we were camping in case he had more questions. About 20 minutes into dinner, the deputy arrived at our camp. He said the ranch manager now said the footprints were in a different area south of the county road and also stated that corner crossing is illegal so he wanted us charged with trespassing while hunting. (Under a bill pushed through the Colorado legislature by the Farm Bureau, this is a 20-point offense that might revoke hunting and fishing privileges.)

"We again mentioned that our GPS's confirmed we were not on private property and that we crossed from BLM land to BLM land per the official BLM coordinates and we showed him a copy of the local BLM website that states 'there is no federal or state law against corner crossing.' He took some pictures of the bottoms of our boots and stated that the ranch manager said he had 400 head of elk he was managing for paying hunters. We told him this small strip of private land does not own the elk that inhabit the previously inaccessible public BLM land. At that point, the deputy stated, 'It looks like GPS technology has finally caught up with the landowners here,' and left without ticketing either of us.

Then exactly three months to the day later, Craig received a summons to appear in court five working days later. There wasn't a single shred of evidence we were the ones that trespassed, only the statement from the ranch manager that he'd seen footprints on his property and the statement from the deputy, who conveniently left out the parts about the manager changing his story or the other two hunters.

"Regardless, Moffat County District Attorney Bonnie Roesink still decided to press charges for trespassing while hunting. My name was on the original complaint, but I hadn't been summonsed yet. Craig had to drive four-plus hours and get a hotel room. The deputy DA offered a plea bargain to 'no hunter orange.' I find that amusing since it was archery season."

A synopsis: After the hunters hired a local attorney, all charges were dropped. Potter's assessment of the event seems accurate enough.

"Basically it was an attempt to scare people away from BLM land so the private owners can reap the dollars associated with trespass fee hunts.

"Apparently in Moffat County you don't have to be trespassing to be charged with it. All the owner needs is footprints on his property and the closest person the sheriff finds is charged and the DA is good to go with that.

"In this case our GPS saved us, but it still costs us a lot of cash and time to defend ourselves against baseless charges when you have landowners who dictate what they want to the sheriff and DA."

 

[1_pointer]

That sucks for the hunters! I wouldn't be too suprised if corner crossing doesn't become illegal in the not too distant future. It already is here.

 

[Ten Bears]

Why is corner crossing illegal there 1-P?

 

[Dinkshooter]

What a load. It is the hunters responsibilty to know where you are. But the landowners burden to prove you trespassed. I read no proof. What was that in another thread........ local 6 fingered banjo pickers?

I would be right back at this same spot next year waving a finger in the air telling the manager he was #1.

 

[Dinkshooter]

Is there a hunter harassment law in Colorado?

 

[A-con]

Sooner or later, someone needs to challenge the “corner crossing” laws and set precedence. There is no reason why someone cannot legally step from one piece of public land to another. Have any of the hunter advocacy groups like SCI taken a stand on this?

 

[BuzzH]

No SCI is too busy defending canned hunts, high fences, game farms and the like.

Wyoming had a case go to trial on corner jumping and the guy that crossed the corner won his case. As a result, the G&F will no longer write tickets for corner crossing. But, landowners still have the right to press charges for trespassing with the sheriff. Tough issue.

I do agree that a national precedence does need to be set.

 

[Tom]

It would be great to press charges against a landowner or somebody, the DA?, for pressing charges on those guys. If a landowner knew they'd get in trouble, they'd be less likely to just sue for the heck of it.

That DA in Florida got in trouble for going after those college guys when he should not have.