MI man fined and revoked for killing elk too close to homes

[CouesWhitetail]

From AGFD Wildlife News Dec 18:

 

 

Michigan man assessed $14,995 for killing trophy elk near homes

 

Michael J. Malik, a Michigan resident, appeared before the Arizona Game and Fish Commission at its December meeting in Casa Grande for shooting a trophy-quality, 7x7 bull elk too close to residential property without landowner permission.

 

After hearing his statement, the commission voted to civilly assess Malik $14,995 for the state’s loss of the 408-point, velvet-antlered elk. The commission also revoked his hunting, fishing and trapping privileges in Arizona for five years, and he must successfully complete a hunter education course prior to having his license privileges restored.

 

The commission’s action to revoke Malik’s license for five years has far-reaching implications. Arizona is a member of the Interstate Wildlife Violator Compact with 32 other states, including all western states and Malik’s home state of Michigan. Until his license privileges are restored in Arizona, he will not be able to legally hunt in any of those 32 states.

 

Malik paid $135,000 at an auction for Arizona’s 2006-07 “special” elk tag at a Rocky Mountain Elk Foundation annual convention. Special tag holders have the added privilege of pursuing their designated big game for one full year.

 

In the early hours of July 26, 2007, Malik, assisted by four companions, including Arizona elk guide John McClendon, shot, wounded and eventually killed the bull in a privately owned meadow in the Morgan Flat area east of Pinetop. While on patrol, the Arizona Game and Fish Department’s wildlife manager in Unit 3B, Shawn Wagner, heard the initial shot and responded to investigate. He found the Malik hunting party and wounded bull in close proximity to several occupied houses where the property owners were upset with Malik hunting and shooting near their homes.

 

Wagner determined the homeowners had not been approached nor had they granted permission for Malik to hunt on their property. Wagner seized the bull and cited Malik for shooting violations. Shooting a firearm within a quarter-mile of an occupied building while taking wildlife without permission from the owner is a Class 2 Misdemeanor.

 

After several pre-trial conferences and continuances, Malik was found guilty in the Pinetop Justice Court on Aug. 29, 2008, of discharging a firearm within the quarter-mile limit of occupied residences while taking elk. The criminal conviction authorized the commission to take civil action against Malik.

 

“This incident is more a private property and public safety violation than it is a wildlife crime. The court and commission decisions are a strong reminder to all hunters about the importance of hunter awareness and safety and respecting the rights of private property owners and rural residents,” says Jim Hinkle, law enforcement program manager at the department’s Pinetop office.

 

The department donated the edible portions of the elk carcass to Shepherd’s Kitchen, a charitable organization in Snowflake. The antlers and cape remain in custody of the department pending the outcome of an appeal to the Pinetop Justice Court decision by Malik.

 

[Coues Sniper]

WOW

[coues7]

Someone's not going to be happy.....I really think this is a sad situation for Malik (whom I DO NOT KNOW).

[mace]

Was there any information about the liability of the outfitter? Seems as though he would be responsible as well, since the client is under his direction.

[willhunt4coues]

That guide sould also be in trouble since thats what you get the guide for. They need to take his guide license away and he sould also be fined.

 

[Red Rabbit]

I do not believe John McClendon was penalized as he was not being paid to guide Malik.

[tommat]

That is just nasty......even though guided he should have known he was to close to homes......those antlers probably helped him pull the trigger. The sad part is he had a tag good for all year......could have caught up that Bull again later...

[flagpknmule]

I feel the guide should get a ticket to thats in the test for his license to know the rules and regs.

[Flash]

IMO, this incident sure makes a big statement on the guide and what he is willing to do to knock down a big money maker animal. Guiding has made hunting a different thing than it once was and I am glad that some of the other guides out there don't follow the same recklessness to havest an animal.

[Coues Sniper]

.... The sad part is he had a tag good for all year......could have caught up that Bull again later...

Not defending him at all, but he only had 2 days left on his tag. It was from the previous year.

 

He'll still end up with those horns when they auction them off... not worth it in the least though not to be able to hunt 32 states for 5 years.

[Red Rabbit]

Here are some other articles in the White Mountain paper. The incident took place just a few days before the tag would expire at the end of July.

 

http://www.zwire.com/site/index.cfm?newsid...05965&rfi=8

 

http://www.zwire.com/site/index.cfm?newsid...05965&rfi=8

 

http://www.zwire.com/site/index.cfm?newsid...05965&rfi=8

[CouesWhitetail]

quote from one of the articles doug posted:

 

"Antonini also found McClendon not guilty on his charge because the state did not provide sufficient evidence showing he directly gained financially from the hunt."

[mace]

That is just nasty......even though guided he should have known he was to close to homes......those antlers probably helped him pull the trigger. The sad part is he had a tag good for all year......could have caught up that Bull again later...

From what I understand the tag that he shot the bull on was from the previous auction and was to expire at the end of the month that he shot it in.

[Coach]

Wow, one of the most sought after guides in the state is guiding for FREE. I think I'll book a hunt right now.

[Chef]

This is such a sad deal for everyone involved. This is embarrasing to us hunters as well and definitely gives a black eye to sportsmen here in AZ. Not to mention Gov tag holders, guides, etc.