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Thread: Sentencing Standards?

  1. #1
    Member willphish4food's Avatar
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    Default Sentencing Standards?

    Another hunter has been fined for illegally hunting a moose in Denali National Park. Here's the article. Interesting how lenient the sentence is when compared to Jeff King's case. King was fined $4750. This man, according to the story, landed an airplane in the park, (i think its illegal), discharged a firearm, (I know thats illegal) lied to enforcement, (indicates intent to commit a crime,) and was 1 1/2 miles inside the boundary. Oh, and he was fined $1000. 600 feet inside the park, $4750. 1.5 miles inside (roughly 7580 feet), $1000. Perhaps the fine issued is inversely proportionate to distance inside the boundary?

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    Member Milo's Avatar
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    There's not enough info in that article to say why the judge sentenced him as he did. Maybe he took a plea, as opposed to King fighting it. Thats normally the cheaper route if you're going down anyway. Maybe the arresting office did a really s***ty job and the prosecutor took what he could get putting together a case. Can't really tell much from that article about the proceedings. I'm guessing that distance was not a deciding factor.

    Right or wrong? Who knows, I'm no judge and I didn't see the case/evidence presented.

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    Member pike_palace's Avatar
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    I don't think there is enough info to really make an accurate view on this subject.
    "Ya can't stop a bad guy with a middle finger and a bag of quarters!!!!"- Ted Nugent.

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    Many things could be the influence on any given case in court. But wioth some imagination, I might think......

    Did King place that year? Maby the Judge lost a wager....$$$


    Maby the guy actually crashlanded in the park, shot the moose for survival and cant keep his story straight because of the head trama incurred while being buttstroked during arrest by the FBI who responded to the report of a shot fired on Fed lands......

    Id better read it again......~~LOL!!~~
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  5. #5

    Default Settlment v. Trial?

    The article doesn't fully explain, but it appears that this person reached a settlement with the U.S. Attorney, and the judge ordered the recommended punshiment. King went to trial and lost. Most any attorney will tell you that one of the risks of going to trial is that you may face a bigger punishment if you lose (with a few exceptions). Whether you think that's fair is a personal choice.

    For anyone asking about ADF&G or the Troopers confiscating the plane (i.e. commenters on ADN), this was in a National Park and is a federal case investigated by park rangers and prosecuted in federal court by the U.S. Attorney. This is a completely different set of laws and potential punishments from an Alaska state game law violation. I have no idea whether he violated state game laws or what the state could do to investigate/prosecute.

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    Member Roger45's Avatar
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    When it comes to F & G charges, I have never seen any attempt to standardize what will or will not be charged. Seems to me it is more *subjective* and *discretionary* as compared to other forms of law enforcement.
    "...and then Jack chopped down the beanstock, adding murder and ecological vandalism to the theft, enticement and vandalism charges already mentioned, but he got away with it and lived happily ever after without so much as a guilty twinge about what he had done. Which proves that you can be excused just about anything if you're a hero, because no one asks the inconvenient questions." Terry Pratchett's The Hogfather

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    Member Vince's Avatar
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    Quote Originally Posted by willphish4food View Post
    Another hunter has been fined for illegally hunting a moose in Denali National Park. Here's the article. Interesting how lenient the sentence is when compared to Jeff King's case. King was fined $4750. This man, according to the story, landed an airplane in the park, (i think its illegal), discharged a firearm, (I know thats illegal) lied to enforcement, (indicates intent to commit a crime,) and was 1 1/2 miles inside the boundary. Oh, and he was fined $1000. 600 feet inside the park, $4750. 1.5 miles inside (roughly 7580 feet), $1000. Perhaps the fine issued is inversely proportionate to distance inside the boundary?
    if i recall correctly didn't king only have to pay 1750 of it and suspended the rest and probations?
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    Member Captain Kim's Avatar
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    Default Moose

    I think the difference was that King killed a moose in the park and this guy was only hunting in the park, but didn't kill anything.

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    Member Vince's Avatar
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    Quote Originally Posted by Captain Kim View Post
    I think the difference was that King killed a moose in the park and this guy was only hunting in the park, but didn't kill anything.
    here read this part again...



    An Anchorage man who illegally hunted a sub-legal bull moose in Denali National Park has been sentenced to a year of probation, the U.S. attorney said Monday.

    that means he shot one....
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

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    Hey, with a breif summery I can conjure better ways of being taken into cutody.......

    Did he actually shoot one, ???

    -or- just point to a Moose that was walking into his camp with only 3 brow tines and say to the Officer.... "Holy crap, wheres my rifle?!!??"

    Bam, Cuff'd -n- Stuff'd that poaching *******....


    NOT......~~LOL!!~~
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  11. #11
    Member akguy454's Avatar
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    Default well

    had he lived there it would be ok

    no wait

    It was sick

    no wait

    he was scaring it off

    no wait

    I am getting confused on my threads

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    I dug alittle into this and this is what I found.............



    http://home.nps.gov/applications/morningreport/

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    Geee Whizzzzzzzzz............

    Someones always messing up these threads with facts...~~LOL!!~~


    Way cool of ya', Akmike, its good to get "The rest of the story" as Paul Harvey would say
    If you can't Kill it with a 30-06, you should Hide.

    "Dam it all", The Beaver told me.....

  14. #14

    Thumbs down

    Very Heavy Handed these Feds. The next time I hunt in the Park, I will have definately been having engine problems and will be considering trying to walk out.

    PS: No animals were killed or subjected to any kind of abuse in this case.
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  15. #15
    Member AKDoug's Avatar
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    Denali National Park & Preserve (AK)
    Conviction For Illegal Hunting


    On September 16, 2008, park pilot Colin Milone and ranger John Leonard were conducting a poaching patrol in a park airplane on the south side of the Alaska Range near the confluence of the Kanikula and Tokositna Rivers – a location that is over two miles inside the park boundary. They spotted a Piper Supercub airplane parked on an unimproved gravel bar and an empty raft pulled up on the opposite shore of the Tokositna. Deteriorating weather conditions forced them to return to the airport in Talkeetna. Suspecting that illegal hunting activity was taking place, Leonard requested the park's contract helicopter, which is stationed in the park’s North District. The helicopter flew to Talkeetna with rangers Dan Fangen-Gritis and Scott Pariseau, picked up Leonard, and subsequently landed adjacent to the parked Supercub. The rangers soon contacted two hunters in the field, 56-year-old David Talmadge Harger and 29-year-old Jonathan P. Bush, both of Anchorage. Each was in possession of a hunting rifle and handgun, but had not yet taken an animal. In taped confessions in the field, both men admitted that they were there hunting moose, but denied knowing they were in the park. The US Attorney's Office in Anchorage filed an information last fall charging Harger and Bush with illegal hunting under 36 CFR. On January 21st, pursuant to a plea agreement, Harger pled guilty in federal court. He was fined $1,000, payable to the park's wildlife protection fund, placed on a year's probation, and lost his hunting privileges for a year. Arraignment for Bush is pending. AUSA Steven Skrocki prosecuted the case on behalf of the NPS. [Submitted by Peter Armington, Chief Ranger]
    Copy of the article in Mike's link...since the link changes daily. Hmmm...looks like the ADN's fine reporting again
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