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"Poaching" case goes to the Ohio Supreme Court

Ohiosam

*Supporting Member*
11,707
191
Mahoning Co.
I pasted the 2011 story below.


COLUMBUS, Ohio (AP) -
The Ohio Supreme Court is considering a case of a prize trophy deer, how much it's worth to the state and whether a hunter killed it illegally on private property.

The state's high court must decide whether a Huron County man owes the Department of Natural Resources nearly $28,000 in restitution for killing the 20-point deer on private land without permission.

The case heard Wednesday involves a "hunting-lore sized deer" that lived primarily on private commercial property where trespassing was strictly prohibited, according to The (Youngstown) Vindicator. That's probably why the 5- or 6-year-old animal had been able to grow so large.

Arlie Risner's attorney told justices that his client was lawfully hunting when he shot the deer with an arrow and it crossed onto private property and died.

But agency attorney Michael Hendershot said investigators found a tree stand and deer entrails on the private property in question.

According to documents, the state took DNA samples from the organs and later compared them to a deer being processed at a local meat shop and taxidermist.

They also seized a 20-point antler rack that Risner had left for processing.

Risner pleaded no-contest to a related charge and was fined $200 and ordered to pay $90 in restitution and $55 in court costs. His hunter's license was suspended, pending payment of nearly $28,000 in additional restitution for the deer.

Hendershot said the dollar amount covered the value of the antlers and carcass and the animal's value to the state.

"The formula is meant to compensate the people of Ohio for the loss of the deer and for honest hunters and naturalists," he said.

The court did not indicate when it would rule.

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From 2011
Arlie Risner of Bellevue says he had no clue he'd be handed a bill from the Ohio Division of Wildlife for $27,851, a record amount of restitution sought for illegally killing a trophy Ohio deer. He just wanted to be done with a charge in Norwalk Municipal Court of hunting deer without permission.

"I couldn't afford the $6,000 my attorney, Neil McKown (of Shelby), said it would cost to go to trial, so he told me to plead no contest," said Riser. On Feb. 23, Risner was fined $200 by Judge John S. Ridge and had his Ohio hunting privileges suspended for a year.

In early April, said Risner, he received a registered letter from Ken Fitz of the Ohio Division of Wildlife, who handles restitution cases. The wildlife agency wanted $27,851 in restitution for the trophy non-typical buck. Wildlife officers had already confiscated the antlers, which scored 228 6/8 inches, according to the Boone & Crockett scoring system that sets the restitution amount.

"It was pay up, or I can't buy a hunting or fishing license," said Risner, who has a small tree service.

It's far worse than that. Risner, 58, a lifelong angler and hunter, must write a check to the wildlife agency in the next few months, said Fitz, or the Attorney General's office will be called in to collect the restitution.

At the heart of the controversy is Risner's claim he wasn't illegally hunting on CSX railroad property near Willard on Nov. 10, 2010. He says he was in a tree stand on his cousin's small property nearby when he saw the deer for the first time, and shot it at 8:30 a.m. with an arrow from his crossbow. Risner said the wounded deer ran to the CSX property and died.

Risner had a hunting license and deer permit. He dutifully took the deer to a local check station.

Getting a tip about Risner's deer, Huron County Wildlife Officer Josh Zientek and Wildlife Investigator Jeff Collingwood investigated. They are sure Risner was hunting railroad land, where Homeland Security rules don't allow hunting or trespassing of any kind. Both railroad security officials and wildlife officers say they will arrest anyone caught on the restricted lands.

"When I followed the blood trail from my cousin's property, where I was hunting, I did go on the railroad property to retrieve the deer," said Risner. "My friend Randy Oney helped me load the deer on a four-wheeler. I'm still recovering from colon cancer four years ago, and couldn't do it by myself. Oney also ended up getting cited for hunting without permission for helping me."

Risner had never before been cited for a fishing or hunting violation. His only tickets had been for speeding and a seat belt violation.

"We found the tree with the appropriate scrapes where Risner had placed his tree stand, as well as fresh bait piles containing corn," said Collingwood. "We found all of the deer blood on CSX property, and none on his cousin's property. We took DNA samples to make sure we had the right deer. None of the information we got from Risner was accurate, according to the evidence."

"I'm 100 percent positive Risner was hunting on railroad property," said Zientek.

"Risner admitted being dishonest with the wildlife officer in a phone call about the restitution," said Fitz. "He apologized for that."

"I never told (Fitz) that," said Risner. "It's their word versus my word. I would have gone all the way (in court) if I'd known about the restitution. I would have borrowed the money to fight it."

Now it's too late.
 

finelyshedded

You know what!!!
Supporting Member
31,855
260
SW Ohio
IMO, the investigation sounds to be quite conclusive that he lied and he did in fact hunt this deer on the restricted property and needs to be made an example of. If your gonna do the crime then pay the fine! Loss of hunting and fishing privileges for 5 years to boot!

Bottom line, poaching is a major problem in Ohio and I'm tired of seeing it go on!
 

MK111

"Happy Hunting Grounds in the Sky"
Supporting Member
6,551
66
SW Ohio
Agreed. Looks like a open and shut case. But then I wasn't there. If all the DNA blood was on railroad property and none on private property it doesn't look good.
Since he doesn't have money to pay the fine I wonder who's footing the attorney bill for the Supreme Court trial and that isn't cheap.
IMO, the investigation sounds to be quite conclusive that he lied and he did in fact hunt this deer on the restricted property and needs to be made an example of. If your gonna do the crime then pay the fine! Loss of hunting and fishing privileges for 5 years to boot!

Bottom line, poaching is a major problem in Ohio and I'm tired of seeing it go on!
 

Ohiosam

*Supporting Member*
11,707
191
Mahoning Co.
I think the problem is the judge ordered him to pay $90 in restitution, then the ODNR sent the $28,000 bill for restitution. Does the ODNR have to legal authority to do that?
 

Milo

Tatonka guide.
8,184
157
Man this happens all the time up here. Some big name hunters do it also.
 
1,560
0
IMO, the investigation sounds to be quite conclusive that he lied and he did in fact hunt this deer on the restricted property and needs to be made an example of. If your gonna do the crime then pay the fine! Loss of hunting and fishing privileges for 5 years to boot!

Bottom line, poaching is a major problem in Ohio and I'm tired of seeing it go on!

Well put.
 

MK111

"Happy Hunting Grounds in the Sky"
Supporting Member
6,551
66
SW Ohio
Yes it the law. Read 'C' 1&2http://codes.ohio.gov/orc/1531.201http://codes.ohio.gov/orc/1531.201




I think the problem is the judge ordered him to pay $90 in restitution, then the ODNR sent the $28,000 bill for restitution. Does the ODNR have to legal authority to do that?
 
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giles

Cull buck specialist
Supporting Member
Sounds like double jeopardy argument from the plaintiff side. Just reading this brief description of whats happening, I could see an attorney picking this up for free to start with. Seems the original crime is cut/dry and already in the bag. Then the restitution came back up and things are getting sticky.

Once charged for a crime, you can't get charged again for that same crime. I think someone dropped the ball on the proper restitution… The crime has already been handled, now it's turned into a money battle. I think this guy is getting off this extremely light!
 

Ohiosam

*Supporting Member*
11,707
191
Mahoning Co.
Yes it the law. Read 'C' 1&2http://codes.ohio.gov/orc/1531.201http://codes.ohio.gov/orc/1531.201

I'm familiar with the law but can they add penalties above what the judge imposed at sentencing? It would be like a judge sentenced someone to x years for a crime and the prison decided it wasn't enough and added time. Was due process followed? There's something here that made the Supreme Court take notice and hear it.
 

"J"

Git Off My Lawn
Supporting Member
56,738
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North Carolina
My thought process would be they should of hammered this out prior too the ending of the trial not afterwards....
 

Boarhead

Dignitary Member
Supporting Member
Someone screwed up on this one.
But does sound like he was guilty and like Ric said you due the crime better be prepared to do the time and pay the fine.I guess if he cant pay it he wont be getting anymore hunting license but i bet it doesnt mean he will stop hunting.
 

giles

Cull buck specialist
Supporting Member
I'm sure the State has it figured out that it's OK before they did it.

I'm guessing the DOW is going to have to sue him for reimbursement of cost. This is going to get real expensive for this guy IF the state wins. IF the guy wins, he will in turn sue the state for damages and this will get real expensive. This is a lose/lose situation. The guy is obviously a criminal and trying to cheat the system like any other criminal.
 

xbowguy

Dignitary Member
Supporting Member
29,629
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Licking Co. Ohio
I remember this case. And I remember the 28,000 amount being in print back then. As bad as I think it would be for him to get off so easy, looks like someone dropped the ball on this. Be interesting to see what the final outcome is.
 

Jackalope

Dignitary Member
Staff member
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I'm not sure about the due process as I don't think we have enough to go on. But as for the law it states ANY wildlife violation committed during the harvest of the animal results in the restitution fine. So by him going on the other property to retrieve the deer without permission it still qualifies as a violation, poaching or not.
 

MK111

"Happy Hunting Grounds in the Sky"
Supporting Member
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SW Ohio
I believe this deer is in the Xenia DOW station on display. I was up there last month and read the poster on the rack display. Nice rack.
 
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Ohiosam

*Supporting Member*
11,707
191
Mahoning Co.
I'm not sure about the due process as I don't think we have enough to go on. But as for the law it states ANY wildlife violation committed during the harvest of the animal results in the restitution fine. So by him going on the other property to retrieve the deer without permission it still qualifies as a violation, poaching or not.

When this law was passed the game warden spoke at my sportsman's club. He said this was only for "major" violations. He didn't define "major".