Posts Tagged ‘Law’

Game thieves … Gotcha!

July 10, 2008

Folks, I happen to really like folks from Akansas. But even in the best kettle of Cod, there are a few that stink up the barrel.

ARKANSAS MEN GUILTY IN COLORADO POACHING INCIDENT

The Colorado Division of Wildlife (DOW) has wrapped up the poaching case against six Arkansas men with the final two suspects entering guilty pleas in Moffat County District Court.

In late 2005 Colorado Wildlife Officer Mike Bauman began hearing stories about a group of Arkansas hunters who were poaching in the Bible Back Mountain area south of the Colorado-Wyoming border. During the 2006 hunting seasons Bauman was able to determine that a group of men from Arkansas were, at a minimum, buying leftover licenses for Game Management Units 4 and 12 but most likely hunting in Game Management Unit 5.

In 2007, wildlife officers set up a hunting camp in the area and posed as hunters to gather evidence against the group. Officers were able to document two deer that were killed without proper licenses, trespassing on private land, wounding of deer without following up on shots as required by law, and the illegal killing and willful destruction of one buck deer by two members of the hunting party.

“It was blatant poaching. At one point, individuals in the Arkansas camp were seen shooting and killing a deer then tying the head to a tree so they could later return and claim the antlers,” Bauman explained. “The incident occurred on private land the men had no permission to enter and in a unit for which they didn’t have a license.”

It was determined that the hunters were staying across the Wyoming border and Colorado officers contacted investigators with Wyoming Game and Fish to request assistance with monitoring the group at and around their Wyoming motel.

As the Arkansas hunters were packing up and preparing to leave for home, Colorado wildlife officers caught up with part of the group to interview them and charge the suspects. Additional members of the group were detained by Wyoming officers who also collected evidence from the hotel and from a Wyoming meat processor. Based on interviews with the group, wildlife officers determined that, in addition to the 2007 violations, at least three deer were illegally killed in 2006. Assistance was requested from wildlife officers in Arkansas who collected evidence from the men’s homes.

“We appreciate the cooperation we received in this case from Wyoming Game and Fish and Arkansas Game and Fish,” added Bauman. “While we had some of the charges locally, the evidence that was obtained from previous years and from the hotel made it possible to show an ongoing pattern of poaching violations.”

Based on the investigation the following individuals were charged:

William Newton (DOB 06/06/1983), Hampton, Arkansas
Plead guilty to following charges as part of plea agreement:
1 count – Illegal take of three or more big game animals
2 counts – Waste of edible game wildlife
1 count – Illegal possession of a deer
4 counts – Hunting without a license
Sentencing: 30 days in jail, $9,500 fine plus court costs, forfeiture of rifle and illegally taken wildlife.

Bradley Shankles (DOB 06/21/1983), Hampton, Arkansas
Plead guilty to following charges as part of plea agreement:
1 count – Felony willful destruction of wildlife
2 counts – Hunting without a license
2 counts – Illegal possession of a deer
1 count – Waste of edible game wildlife
1 count – Defacing a firearm
Sentencing: Deferred sentence on felony willful destruction charge, fine of $5,000, four year ban from hunting in the United States, four years of supervised probation, $2,000 donation to Operation Game Thief, forfeiture of rifle and illegally taken wildlife.

Richard W. Carson (DOB 03/14/1964), Hampton, Arkansas
Plead guilty by payment of citation
1 count – Failure to pursue wounded wildlife
1 count – Hunting deer without a license
1 count – Illegal possession of a deer
1 count – Unlawful trespass on private property
Warning – hunting without orange clothing
Carson chose not to contest the charges and instead plead guilty by paying $2,041 in fines. He was assessed 65 points against his hunting privileges.

Michael B. Welch (DOB 07/18/1983), Bearden, Arkansas
Plead guilty by payment of citation
1 count – Hunting deer without a license
1 count – Illegal possession of a deer
Warning – Failure to tag
Welch chose not to contest the charges and instead plead guilty by paying $1,781 in fines. He was assessed 30 points against his hunting privileges.

Anthony Moser (DOB 05/02/1987), Hampton, Arkansas
Plead guilty by payment of citation
1 count – Hunting deer without a license
1 count – Illegal possession of a deer
Moser chose not to contest the charges and instead plead guilty by paying $1,781 in fines. He was assessed 30 points against his hunting privileges.

Harlan C. Welch (DOB 01/12/1976), Hampton, Arkansas
Plead guilty by payment of citation
1 count – Uncased rifle on an ATV
Warning – Unlawful trespass on private property
Welch chose not to contest the charges and instead plead guilty by paying a $68 fine. He was assessed 5 points against his hunting privileges.

Five of the six men still face an administrative hearing process that will be conducted by the Colorado Wildlife Commission. Anyone assessed more than 20 points against hunting and fishing privileges is subject to wildlife hunting suspension hearings. The men could lose their hunting and fishing privileges in Colorado and 27 other states that are members of the Wildlife Violator Compact. Hearing dates have not yet been set for the men.

“Colorado has the largest migratory mule deer and elk herds in the nation,” concluded Ron Velarde, Northwest Regional Manager for CDOW. “Because of that spectacular resource we attract hunters from around the world. We welcome those who come here to experience what our great state offers, but we absolutely will do everything possible to catch those who believe that our remote areas provide enough cover to cheat and steal from Colorado’s citizens and true sportsmen.”

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For more information about Division of Wildlife go to: http://wildlife.state.co.us.

Sometimes you just have to see it…

July 3, 2008

Katrina was bad. The government, especialy local government made it worse.

source

Amendment 46, leveling the playing field

July 2, 2008

June 30, 2008

Face The State Staff Report


Goodman, Corry and HartPacifica Network

While the November election is still months away, public attention is already heating up around Amendment 46, known as the Colorado Civil Rights Initiative, with two debates televised over the last two days.

On Sunday morning, CoCRI Executive Director Jessica Peck Corry squared off against CU Law Professor Melissa Hart during KUSA’s “Your Show” with Adam Schrager.

Less than 24 hours later, the duo hit the national stage for a second debate – this time on Democracy Now! with Amy Goodman. The show was broadcast from the KBDI studios in Denver. Goodman’s show is traveling this week, airing two shows here before heading on to Aspen.

Amendment 46, if passed by voters this November, would ban discrimination or preferential treatment based on race or gender in government hiring, contracting, and education. Corry advocates color-blind outreach efforts, saying Colorado is too diverse to define disadvantage based on skin color and gender. Meanwhile, Hart believes past discrimination against women and minorities still demands race and gender-specific remedies.

As Face The State reported last week, a recent Wall Street Journal poll indicates that just 15 percent of Colorado voters are opposed to the initiative, with 66 percent saying they support it and the rest remaining undecided.

Corry and Hart have at least one more duel scheduled, with Schrager set to host a longer televised Oct. 6th debate from the University of Denver campus.

source

How the Irish Saved Civilization, Again

July 2, 2008
How the Irish Saved Civilization, Again

The Irish Times reports that the Lisbon Treaty has been defeated in a referendum held in the Republic of Ireland. The Lisbon Treaty is a new version of the proposed EU Constitution, which had previously been rejected by the voters of the France and the Netherlands. This time, the French and Dutch governments refused to allow a popular vote. In the U.K., the Labour Party had promised a referendum, but that promise was broken. Former French President Valery Giscard d’Estaing explained: “Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly… All the earlier [EU Constitution] proposals will be in the new text [Lisbon Treaty], but will be hidden and disguised in some way.”

Treaty proponents lamented that Ireland, with only 1% of the EU population, could derail a 27-nation treaty. But the very fact that only 1% of the EU’s population was allowed to vote on a treaty which would massively reduce national sovereignty and democratic accountability was itself an illustration of the enormous “democratic deficit” of the EU in general, and the Lisbon Treaty in particular. According to French President Nicolas Sarkozy, the Lisbon Treaty would be defeated in every EU nation if referenda were allowed.

The referendum debate in Ireland involved some Irish-specific issues, such as the Treaty’s impact on farmers, its threat to Ireland’s official foreign policy of neutrality, and the danger that Ireland might be forced to raise its low corporate income tax rate of 12.5% (which almost everyone agrees has been an essential part of the economic success of the Celtic Tiger). But the broader opposition seemed to stem from the sheer incomprehensibility of the Treaty. Even Taoiseach (Prime Minister) Brian Cowen admitted that he had not read the Treaty, which is over 400 pages long and deliberately written to be obscure. Treaty proponents included both of the two largest political parties (Fianna Fail and Fine Gael), and they appealed to the Irish people’s strong support of trade with Europe, and to Ireland’s optimistically internationalist orientation.

A group named Libertas was formed to lead the opposition, and Libertas agreed with the principles of international trade and Ireland’s integration into Europe. But Libertas was successful at convincing Irish voters that the Treaty was perilous threat to the democratic sovereignty which is the glory of European civilization, and for which the Irish had struggled for so many centuries to win for themselves.

More coverage at the excellent British site EU Referendum (which astute readers may remember for its outstanding work in exposing media complicity in cooperating with Hezbollah to create staged pictures of the alleged Israeli atrocities at Qana, Lebanon).

source

COLORADO MAN PLEADS GUILTY TO WILDLIFE VIOLATIONS

June 29, 2008

A Colorado man with a history of wildlife violations pleaded guilty to numerous wildlife related-crimes in a New Mexico district court on June 23.

Kirt Darner, 69, of Crawford, has been convicted of wildlife violations in Colorado dating back to 1994. In 2000, Colorado Division of Wildlife officers started investigating Darner as a suspect in the theft of two bighorn sheep heads from a Montrose taxidermist. In Cibola County, N.M., on Monday, Darner pleaded guilty to transporting wild elk and receiving stolen property – specifically, the two Colorado sheep heads. At the time they were stolen, the sheep heads were estimated to be worth more than $20,000 each.

“We’ve worked on this case for more than eight years and cooperatively with the New Mexico Department of Game and Fish for the past three.  I can’t give them or the Cibola County District Attorney’s office enough credit for their hard work and diligence.” said Eric Schaller, an investigator for the DOW. “This case also shows that the Colorado Division of Wildlife will continue to pursue these tough cases for as long as necessary.”

Darner could serve four years in jail and pay a minimum of $10,000 in fines and restitution for the New Mexico charges. A sentencing hearing has not been set. As part of the plea agreement, Darner agreed never to hunt, fish or possess a firearm again. He also is prohibited from working as a guide or outfitter in Colorado and New Mexico.

Previously, in Colorado, Darner was convicted of illegal possession of wildlife in 1994. In 1999 he was convicted of second degree tampering with evidence and careless driving in an incident in which he was serving as an outfitter. DOW officers observed Darner’s client shoot at an elk decoy in a game management unit for which the client didn’t have a license. In 2008 Darner pleaded guilty to making a false statement in order to purchase a license. He had applied for land owner vouchers with the DOW but did not own enough property to be eligible for the program.

While executing a search warrant at the Darner property in 2005, New Mexico wildlife officers discovered a desert bighorn sheep head and a Rocky Mountain bighorn sheep head inside Darner’s vehicle. Further examination of the heads indicated they were the same sheep heads that were stolen from a Montrose taxidermy shop in 2000.  The DOW had offered a $5,500 reward for information about the sheep-head thefts.

Darner, a nationally known big-game hunter and guide, and Paula Darner were co-owners of the 40-acre Lobo Canyon Ranch north of Grants when they were indicted in New Mexico in 2006 on 41 felony and misdemeanor charges. Among the charges, the Darners were accused of receiving stolen property and of illegally moving three state-owned elk from the Lobo Canyon Ranch to the Pancho Peaks ranch and game park in southeastern New Mexico in 2005. Charges against Paula Darner are still pending.

If you have information about a wildlife crime, please call Operation Game Thief at 1-877-265-6648. Tips can be made anonymously and rewards are possible.

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Editors: For a photo of Kirt Darner to this web page:

http://dnr.state.co.us/ImageDBImages/23341Desktop.JPG

For more information about Division of Wildlife go to: http://wildlife.state.co.us.

American Legislative Exchange Council

June 29, 2008

ALEC Adopts “Campus Personal Protection Act”! The American Legislative Exchange Council (ALEC) is an organization comprised of public and private sector members (largely made up of state legislators and corporate/association government affairs representatives) from all 50 states that share common support for free market principles and individual liberties. On Monday, June 23 the model for “Campus Personal Protection Act,” previously discussed in May at ALEC’s Spring Task Force Summit, was officially adopted as model legislation. Brought forth by NRA-ILA, the act calls for the repeal of state restrictions on the possession of firearms by valid concealed handgun licensees on college and university campuses and preempts governing bodies of postsecondary educational institutions from imposing such restrictions on permit holders.

Why not support unconcealed carry?

Obamasia and his ever changing ways

June 29, 2008

Obama Tries To Move Forward By Backpedaling: By now we all know where presidential nominee Barack Obama stands on the Second Amendment. During the primaries, Obama tried to hide behind vague statements of support for “sportsmen” or unfounded claims of general support for the Right to Keep and Bear Arms. But don’t listen to his campaign rhetoric! His real record, based on votes taken, political associations, long-standing positions, and his own words, shows that Barack Obama is a very serious threat to our Second Amendment liberties

GOA Hits The Airwaves On Heller Decision

June 29, 2008

— Now looks forward to challenging other gun control laws around the
country

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org/

Friday, June 27, 2008

Yesterday was a historic day for the gun rights movement.

For starters, Gun Owners of America is pleased that the U.S. Supreme Court,
in the DC v. Heller opinion, struck down the handgun ban and trigger lock
requirement in the nation’s capital.

As a result, GOA experts have spent the last two days using radio, TV and
print media to explain the Court’s decision and its impact upon the future
of the gun debate in America.

GOA’s amicus brief urged the Court not to use the Heller case as a
springboard to resolve the constitutionality of all of the nation’s firearms
laws.  In fact, the GOA brief was the only one making the request not to
rule on automatic weapons and other issues, upholding judicial restraint.

GOA is pleased that the judges heeded our admonition to limit the Court’s
holding to the case before it.

In so doing, the Court’s decision — in dissenting Justice Breyers words —
“threatens to throw into doubt the constitutionality of gun laws
throughout
the United States.”

Notable gun banner, Dianne Feinstein, was equally upset, saying she was
“profoundly disappointed” in the Court decision.

The U.S. Supreme Court also followed GOA’s urging and refused to do any
balancing of governmental powers and individual liberties — it just ruled
the ban was prohibited by the text of the Second Amendment, saying that its
language elevates, above all other interests, the “right of law-abiding,
responsible citizens to use arms in defense of hearth and home.”

However, the Court stated its opinion should “not be taken to cast
doubt” on
at least some prohibited persons’ restrictions, gun free school zones bans
and dealer licensing requirements.  This dicta implies that, in the future,
courts might go further than the Constitution permits in upholding some gun
restrictions.

Nevertheless, the Court’s opinion directly conflicts with what anti-rights
advocates — like those in the Brady Campaign — have been saying for years.
So GOA welcomes the opportunity to continue our fight for the people’s right
to keep and bear arms.

GOA is already preparing to wage constitutional challenges to a range of
laws — federal, state and local — that violate the Second Amendment
principles endorsed by the Court in yesterday’s majority opinion.

To contribute to these efforts, you can go to
http://www.gunowners.com/dogfund.htm and make a tax deductible contribution
to the Defend Our Guns (DOG) Fund.  Contributing to this DOG Fund will allow
our committed and courageous legal team to make Justice Breyer’s fears a
reality.

Gun Owners Foundation wants to lay the groundwork for the next battle in the
Second Amendment war between those of us who love liberty and those who
would allow the government to disarm us as the first step to our own
enslavement.

You contribution to the DOG Fund is tax deductible, and it will go a long
way towards helping us preserve our Second Amendment rights — not only for
ourselves, but for our children as well.

This battle is far from over my friends.

Second Amendment, I was correct it seems!

June 26, 2008

This has been a hot button issue for years. Yet, after the last two rulings that came down from the Supreme Court I had serious doubts that they would get this one on the correct side of the fence.

Face it, if you read the Federalist and Anti-Federalist papers, there was no doubt. If you read Blackstone their was no doubt. If you studied “The Rights of Englishmen.”  It became blatantly obvious that some things, like the ability to defend oneself effectively, and your neighbor, was not only a God given right, but a duty.

I am reading the full decision and have not yet determined the scope of this ruling.

http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf

One would hope that this ruling will, in fact, and practice, strike down the draconian laws that deprive people in places like Chicago, New York City and elsewhereThe free fire zones that are so abundant across our nation have only resulted in innocent men, women, and children being slaughtered by people that are anything but innocent.

The Second Amendment is there as an individual right. It is not a privilege that is granted by any authority.

The “Supremes” again, and no, not the singing group

June 25, 2008

Today as I was driving the “Fruitliner” down I-225 there was breaking news … The Supreme Court had rendered yet another bizarre decision. That being, that the death penalty was both “cruel and unusual” punishment for child rapists.

http://www.nytimes.com/2008/06/26/washington/26scotuscnd.html?em&ex=1214625600&en=c70d615789f2e6fc&ei=5087%0A

Is it cruel? Certainly it is, almost as cruel as the crime. Is it unusual? Yes, and that needs changing in a big way.What really bothers me though, is that these “Justice’s” overturned the will of a jury, duly selected from the perpetrators peers. There was no indication of racial prejudice, or prosecutorial misconduct. It was the will of the people that this person had so violated acceptable norms set by the community where the act had been committed, that death was appropriate as societal retribution.

I spent more then twenty years working the streets as a Paramedic. I saw things that most people can only guess at. People are always asking, what was the most terrible thing that you ever saw? Guess what, it was child rape victims. Those kids lives were wrecked, forever, period. I went on calls involving three of them again years later, as suicides. As far as I am concerned, the rapist killed those kids. Others that do live? I have never seen one that was fully healed. Drugs, alcohol, and the absolute lack of an ability to have a fulfilling sex life themselves, or an ability to trust others are the norm. Worse yet, sometimes they became sexual abusers themselves.

The death penalty is appropriate for certain crimes …

I’m too angry to keep typing, more later …