Author Topic: (Final Chapter from Court) Negligent...but honest (Read 1661 times)

Matt in AK · « **on:** September 17, 2003, 05:14:03 PM »

I go to court in Fairbanks on 3 Oct for shooting a two brow tine moose in a three brow tine area. I haven't even had a speeding ticket in 16 years, so I'm a bit nervous. Here's the scoop...

I went hunting up north with a few buddies. We were 13 miles back in the bush. I was partnered with a fella who's got 5 moose to his credit in this area (so he knows what a legal moose looks like) and has likely been in on another dozen kills. We passed up 7 bulls this trip because they were not legal size (3 brow tine, 50", or spike/fork) or we just couldn't make out the brow tines well enough to be certain...so you know I wasn't simply trigger-happy. Finally, my partner called in a bull with a cow. We watched 'em for about 20 minutes and I was convinced from the start he had three brow tines, but waited for confirmation from my partner. At about 70 yds He finally agreed ("yep, he's got three tines, take him") and I took the shot. I walked to the moose and there were only two brow tines...but a kicker point off the back of the paddle. That's got to be what fooled me. Even the trooper admitted it was an easy mistake to make.

I apologized to the moose for taking him a year too soon.

We gutted the bull and I called the Troopers (Wildlife) on a cell phone from camp to turn myself in. The trooper had me meet up with him in Fairbanks when we came out of the field and we took him the meat and antlers and he gave me a ticket with a court date. I feel I was treated more than fairly and decently by the trooper. Though I told him I expected to lose my hunting privileges and rifle he let me keep both. I'll see next month how the judge feels about it all.

Here's my question. What would you have done? -- Other than being more careful in the first place. My buddies said I should've just walked away or hid the moose. Even my wife, of all people, wondered why I didn't do so. I say that what I do today determines who I am tomorrow...and I'm not a poacher. If doing the right thing was always painless, there'd be no honor in doing the right thing.

Stringer · « **Reply #1 on:** September 17, 2003, 06:44:12 PM »

You did the right thing in my opinion. If you lie cheat or steal you're going to pay in the long run, and that has nothing to do with religion. Only you are responsible for your actions period. That is the problem with people these days, every body has an excuse. A very small percentage of people would have turned themselves in. At least take pride in being true to your self.

Daveinthebush · « **Reply #2 on:** September 17, 2003, 06:57:39 PM »

I think that I would ask the trooper to bring the antlers to the court. If it really had a kicker off of the back that appeared to be a tine, you might get away with an honest mistake. If he won't do that, maybe he will allow you to take some picture of the rack from the position that you were looking at it and that will help the judge.

You did the correct thing. If the trooper treated you the way that he did, it mens that you did the correct thing. F&G can be nasty! :roll:

markc · « **Reply #3 on:** September 18, 2003, 03:14:01 AM »

you take lots of photo's? I hope so. I think even if you can't take the antlers to court, if you have a series of photo's from different angles that depict how easily someone could be mistaken into thinking he had 3 brow tines, quite possibly the judge will go easy on you. Hope so. Good to hear that you did the right and honest thing. That sets a good example for others. Anyone can make a mistake, but not everyone will take responsibility and step up to the plate. I congratulate you for how you handled the situation. Bet the trooper was a bit suprised.
markc

ghostZ · « **Reply #4 on:** September 18, 2003, 04:43:44 AM »

I think you did the right thing. I hope I don't sound like a tool but I am proud! You are a model "outdoorsman".
A long time ago my dad said to me when I asked if we should lock the car door outside of a small bait shop because we had a nice bow and new arrows in the back seat..."No need to...anyone that would know what it is and have a use for it wouldn't take it." At the time I think he was right, nowadays I think he would be wrong.
You are setting a good example for others. If someone tells you that you shouldn't have turned yourself in isn't as honest of a person as you and you should just let it roll off your back.
I hope the court feels the same way I do.

7x57 · « **Reply #5 on:** September 18, 2003, 06:56:33 AM »

Matt you did the honest thing which sometimes stings alittle.
A friend of mine mistakenly shot a five point elk, legal bull here is six pointer, a few years back. He reported himself, just like you did,and was on good terms with the conservation officer who responded. Because of his honesty and punctual reporting of the act, he was not raked over the coals by the judge.

Still, he was found guilty and fined $2000.00 Canadian :eek: but no hunting priviledge revoked or guns seized.
In American $$ thats what, $48.50?

He said that if he had to do it over again he would still turn himself in, because the old conscience is clear. I'm proud to have a hunting buddy with those kinda morals.
Good to see some of us are still willing to pay the price for our actions
Congrats and good luck!!!!!!!

Yukon Jack · « **Reply #6 on:** September 18, 2003, 12:13:24 PM »

Absolutely Matt, you did the right thing. If a man can't own up to his mistakes, especially the honest ones, he ain't much of a man. Don't ever commit a game violation and try to sneak away with it. It'll either eat you up inside or you'll get caught.

I can't say what the judge will do, but if you own up to it, and he knows you called the Trooper (especially from camp in the bush), offer a real and sincere apology, I'd think he would take it easy on you. Like I said, I don't know what he would do, but under those circumstances, that's what I would do if I were him (or her).

Did you have to forfeit the meat along with the horns?

matt d · « **Reply #7 on:** September 18, 2003, 01:20:18 PM »

I don't think you will get in trouble. You did the right thing. More importantly, you will be straight with the hunting Gods, which you wouldn't be if you weren't honest. It is just to bad that you have to worry about this. Maybe the judge is a hunter and understands how hard it is to see points or tines.
good luck

Matt in AK · « **Reply #8 on:** September 18, 2003, 04:17:24 PM »

Yukon Jack,

Yes, I had to forfeit the meat too. Some homeless shelter residents around Fairbanks are going to eat some fine meat. I treated the meat like it was my own out of respect for the moose who died a year early -- wasn't his fault. Cooled it well that night and kept it clean. The trooper had no complaints about the meat and no salvage issues. Looks like I'll be eatin' the last of my black bear and (yuck) beef this year.

Dand · « **Reply #9 on:** September 18, 2003, 05:18:08 PM »

Oh So sorry to hear this Matt!!! But you did the right thing. I think it will help your situation in the end. You may want to consult a lawyer - especially if you have any access to one through your work benefits. You may not want to make a big deal of it but it might be wise to get some advice too. I my days of writing tickets I would try real hard to work with folks as forthcoming as you have been. But courts can be unpredictable too. Good luck.

Yukon Jack · « **Reply #10 on:** September 19, 2003, 06:08:12 AM »

Matt,
I agree with Dand, get legal advice if you can. Good luck, we are pulling for you.

Moose-Hunter · « **Reply #11 on:** September 19, 2003, 04:28:59 PM »

How wide was the moose rack?

Matt in AK · « **Reply #12 on:** September 19, 2003, 05:21:57 PM »

Only 36", Moose-Hunter. First question the trooper asked...just in case it was wide enough that the brow tines wouldn't matter. I wasn't even looking at rack width -- too tough to judge.

bearhuntr · « **Reply #13 on:** September 20, 2003, 08:10:32 AM »

Matt,
I would share a hunt with you anytime! At the drop of the proverbial hat! Ethical is as ethical does; your words in the above posts are enough to shed light on your character! Should work for anybody that meets you! Their loss if it didn't. I believe any judge will see that in you as well....
Pulling for you,
bhtr

longwinters · « **Reply #14 on:** September 20, 2003, 12:06:30 PM »

Probably most people would have covered that bull up and walked away. But you did make the hard choice. You know, being honest in a relatively big thing does not come from someone out of a void. Honest choices are made "one choice at a time". If you were not honest in the "little things" you would have found it very easy to go the easy route here. No one becomes a criminal by bad luck, or by instinct. They get there because the choice they make does not seem that far removed from their charactor . . . one choice at a time. Good luck; I like the others am proud of you for trying to make things right.

long

Moose-Hunter · « **Reply #15 on:** September 20, 2003, 01:28:05 PM »

Well, hope all goes well with your court appearance. You got any pictures of this bull?

I'm still looking for a bull myself. I've seen a few, just nothing legal yet. :roll: Came close with one, but he had 3-points instead of the fork! :grin:

akpls · « **Reply #16 on:** September 21, 2003, 02:08:44 PM »

A friend of mine had the same situation several years back. I believe he paid a $300 fine. You did the right thing and the judge will take your cooperation and honesty into account. It's those who try to hide it that get slammed.

Old Moss · « **Reply #17 on:** September 21, 2003, 03:59:15 PM »

Matt I'm really sorry to hear that Murphy's Law struck again.

I'm proud to know Ya. You did the right thing, and showed true intigrity. :-) Thanks for posting this on the board that takes courage, and I'm going to be even more careful when I finally get a chance to go out. Let me know if I can do anything. Old Moss

Paul H · « **Reply #18 on:** September 22, 2003, 11:55:36 AM »

Matt,

Congratulations on doing the right thing! Sadly, most folks would just leave it to rot.

Now, since you already feel horrible about what happened, do the other right thing and hire yourself an attorney. Unfortunately the DA's can be a bit overzealous in F&G violations, and will nail the guy who made an honest mistake to the wall on occassion. Don't assume the judge will be lenient just because you made an honest mistake, and owned up to it properly.

SingleShotShorty · « **Reply #19 on:** September 23, 2003, 09:31:21 AM »

Being dishonest is easy but being honest and ethical is a real plus and besides you can sleep at night. You absolutely did the right thing and not just leaving the downed animal shows real grit and respect for the animals we hunt. I would be proud to share a campfire with you anytime. I sure hoe the judge is easy on you and is a judge that rewards honesty.
Good Luck.

Matt in AK · « **Reply #20 on:** October 03, 2003, 05:01:09 PM »

Drove to Fairbanks yesterday and went to court there this morning. The judge listened to my explanation and both he and the DA agreed to drop the misdemeanor charge to a violation (like a traffic ticket according to the judge) with a $250 fine.

Got to write a letter tomorrow to the commander for the state troopers and praise Trooper Burton, the trooper I turned myself in to. Didn't want to do it before the case so it wouldn't look like I was fishing for a better sentence recommendation from them. Trooper Burton recommended a fair sentence, kindly followed by the judge, but I'd expect that since it's his job. More importantly, however, he treated me with respect and kept my dignity intact. He didn't have to do that. Figure he deserves an attaboy.

Thanks for the support guys. It's appreciated.

Stringer · « **Reply #21 on:** October 05, 2003, 02:02:15 PM »

Congratulations!

Daveinthebush · « **Reply #22 on:** October 05, 2003, 03:25:39 PM »

I know that $250 is still $250 bucks but you got off easy according to some of the other horror stories that I have heard. You made out well Matt. So being honest paided for once. Good for you. Glad it worked out so easy for you Matt.

Just got back home today!

Dand · « **Reply #23 on:** October 06, 2003, 05:44:54 PM »

good news Matt. Good was returned for good the way its s'posed to. Was worried for you a little. Once in a while things have gone south at court for some good folks and I felt bad for them. But on the other hand some scoundrels get off too. Most cases the troopers are good folks and really try to help when they know they are working with honest folks and honest mistakes.

markc · « **Reply #24 on:** October 07, 2003, 02:57:44 AM »

and thanks for writing the atta boy letter for the trooper. That doesn't happen often enough for those guys/gals in that profession.
markc

Old Moss · « **Reply #25 on:** October 09, 2003, 07:10:40 PM »

Congratulations Matt, I'm really glad things worked out like they did. Your a good man and a true sportsman. Old moss