# Judge adds new twist in sentencing three poachers



## Hamilton Reef (Jan 20, 2000)

Judge adds new twist in sentencing three poachers

http://www.mlive.com/outdoors/flintjournal/index.ssf?/base/sports-1/1175176440217540.xml&coll=5

03/30/07 By Elizabeth Shaw [email protected]  810.766.6311

ARGENTINE TWP. - Three men were sentenced March 14 for poaching deer from private farmland in the township in December 2005. 

Here's the twist: In addition to standard fines and penalties, Fenton District Judge Mark C. McCabe ordered them to purchase the four major recurring hunting and fishing licenses for the next three years. 

Individual licenses currently range from $15 for a fur harvesting permit to $30 for a combination deer hunting license, but prices are expected to go up later this year. 

Typically, convicted poachers lose their hunting privileges for the year of the offense and the next three years. 

"It's an unusual agreement ... but many hunters feel the cash penalties are too low, and this might have been a way of boosting those penalties," Mary Dettloff, a spokeswoman for the state Department of Natural Resources, said of the plea bargain. "This also had gone on for a period of time, and this was a way to help put the thing to bed." 

Casey C. Ewers, 25, of Vernon Township and Justin H. Wood, 25, of Gaines Township pleaded guilty to illegally shooting a deer and were each ordered to pay a $190 fine and $1,000 in restitution. 

Kristopher S. Durham, 24, of Gaines Township pleaded guilty to illegally shooting two deer and was ordered to pay $380 in fines and $2,000 in restitution. 

All three men also had to forfeit the firearms used in the crimes to the state. 

The incident was reported by Matt Gettler of Argentine Township, a professional hunting guide who tracked the blood trail to a barn where DNR officers found three of the carcasses. 

"There are 25 of us who lease hunting rights to . . . where this happened, and the rumors were we were the ones doing the poaching," said Gettler. "Hunting is a privilege, and if you misbehave, you should lose that privilege. To my mind, they got a pretty easy way out." 

Dettloff acknowledged the case took a long time to prosecute but said that's not unusual. 

"It was a complex case with a lot of things involved, and often in more populated counties, wildlife violations tend to take a back seat to major crime, and that's perfectly understandable," said Dettloff. 

All three men have extensive histories of traffic and misdemeanor violations, including alcohol and larceny for Ewers and Durham and marijuana for Wood. 

Gettler said he is glad it finally has been resolved but worries the problem won't go away. 

"They're in my neighborhood," said Gettler. "This is my ground where I hunt. We police it all the time, and we never let up. That's how we caught these guys in the first place. I guess from now on we're just going to watch a lot closer than we already are."


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## boehr (Jan 31, 2000)

Hamilton Reef said:


> Judge adds new twist in sentencing three poachers
> 
> http://www.mlive.com/outdoors/flintjournal/index.ssf?/base/sports-1/1175176440217540.xml&coll=5
> 
> ...


That part makes no sense. The minimum by law for shooting a deer illegally is $200 fine plus cost of prosection, plus $10 conservation fee plus $1000 restitution plus 5 days in jail. The guys didn't even get the minimum and there was a lot more room to increase the fines if the judge wanted.

Maybe the order to purchase means the guys must purchase the license then turn them into the court each year. I don't know but it isn't a very good fine overall.


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## VARMINTHUNTERLAKEORION (Jan 12, 2005)

You're right Boehr, the laws and Fines are already in place - So why is this Judge changing the circumstances to her liking? In my mind the fines are too light as they are anyways.


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## swmfdotcom (Aug 17, 2005)

Well said Boehr and Varmit,the manditroy was not put in place,bad part about it is that whats going to happin when tag prices are raised???????
I would bet almost anything that the amount of poaching will go up drasticlly do to the fact that the "greed" hunters will not want to pay the prices.


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## sullyxlh (Oct 28, 2004)

boehr said:


> That part makes no sense. The minimum by law for shooting a deer illegally is $200 fine plus cost of prosection, plus $10 conservation fee plus $1000 restitution plus 5 days in jail. The guys didn't even get the minimum and there was a lot more room to increase the fines if the judge wanted.
> 
> Maybe the order to purchase means the guys must purchase the license then turn them into the court each year. I don't know but it isn't a very good fine overall.


just out of curiosity,what is the maxium they coulda/shoulda gotten


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## boehr (Jan 31, 2000)

Maximum is $1000 fine plus court costs, 90 days in jail, $1000 restitution loss of all hunting for year convicted and the next 3 years.

From the article, the judge didn't even follow the minimum fine required under law.


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## lang49 (Aug 1, 2005)

boehr said:


> Maximum is $1000 fine plus court costs, 90 days in jail, $1000 restitution loss of all hunting for year convicted and the next 3 years.
> 
> From the article, the judge didn't even follow the minimum fine required under law.


Well...the article does say "*In addition to standard fines and penalties*, Fenton District Judge Mark C. McCabe ordered them to purchase..." 

so...I'm not sure how you arrived at the conclusion that he didn't impose the minimum penalty.


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## boehr (Jan 31, 2000)

$190 is not the minimum of $200.......



> Casey C. Ewers, 25, of Vernon Township and Justin H. Wood, 25, of Gaines Township pleaded guilty to illegally shooting a deer and were each ordered to pay a $190 fine and $1,000 in restitution.


Also law requires a minimum of 5 days in jail........

Don't see anything about jail time.........


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## Ferris_StateHunter (Apr 24, 2006)

Someone in the courts needs to step up and really stick it to these poachers....Why does it seem anytime a CO makes a good bust or find, the person usually walks away with less than what the law says... Why are these judges not accountable for their fines... Honestly sportsmen should step up and cry for harsher penalties... Get these ***** holes out of the game.


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## 7MM Magnum (Sep 10, 2003)

Well put Ferris_StateHunter,...

Ya' know what they say about the power of the pen  ,... we should pound the court house with letters letting the judge know how we fellow law abiding hunters exactly feel regarding the light sentencing of these guys for their unsportsman like crimes. :16suspect 

Sure this one is done and over, but it will put a mindset into her for her next encounter. 

Just my thoughts,... I TOO think they should have at least got the minimum as setforth by the guidelines.


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## Liv4Huntin' (May 24, 2000)

Fenton District Judge Mark C. McCabe .............. her?


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## RYANINMICHIGAN (Sep 27, 2006)

11 Posts, close it up B


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