Help Arrest this poacher!

[Outdoor Writer]

On 11/1/2019 at 12:04 PM, Chris said:

He won't get $8000 fine.  They'll plea around that.

So what better way is there to find what exactly happens than to consult an expert, right? To that end, I called my friend of 30+ years, John Barclay, who just happened to be a judge for the Northwest Phoenix Justice Court for many years until his retirement in 2000. As such, he sat for many of the cases brought by the AGFD, which feted him with some kind of award and gifts when he retired. 

When I called, I provided him with a hypothetical poaching incident of a 6x6 elk, taken out of season and shot from a road. Basically, he reiterated what I wrote in my last reply.

Any plea agreement would come through the prosecutor's office and be presented to the judge. He has the option to accept or reject it. If the defendant pleads or is found guilty by a judge of one or more charges, he then sets CRIMINAL punishment according to the state's statutes for the various levels of felonies and misdemeanors related to those charges. The punishment could include jail time, a monetary fine and probation or any combination of those. He will also tack on court costs. That's the end of the criminal phase of the case.

From there, the game commission takes over and metes out the civil penalties of monetary restitution and license suspension. The guilty party has the option to appear before the commissioner's and speak on his own behalf. 

[Ohthatguy]

On 11/1/2019 at 12:04 PM, Chris said:

 

He won't get $8000 fine.  They'll plea around that.

 

At one of the GnF hearings last year, a cop from Snowflake I think, "accidentally" shot a 2nd buck, thinking it was the same buck he had already shot. The commission hates the 4 point "Trophy" rule but as it stands, their hands are tied and they gave him the 8K fine. (He actually took steps to hide the whole incident which was pretty interesting since he is a cop.)

[NoBull350]

On 11/1/2019 at 12:04 PM, Chris said:

 

He won't get $8000 fine.  They'll plea around that.

 

“HE” won’t get a $8,000.00 dollar fine because the az state legislature just recently passed new fine laws . The 8k trophy fee is gone . The minimum on an elk trophy or non trophy is now $2,500.00 .

[Outdoor Writer]

13 hours ago, NoBull350 said:

“HE” won’t get a $8,000.00 dollar fine because the az state legislature just recently passed new fine laws . The 8k trophy fee is gone . The minimum on an elk trophy or non trophy is now $2,500.00 .

Yup. Bet your bro is relieved that he'll save about $6,500. 

 

This is the complete readable version:

17-314. Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement
A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any of the following wildlife, or part thereof, to recover the following minimum sums:

1. For each turkey or javelina  $ 500.00
2. For each bear, mountain lion, pronghorn (antelope) or deer $1,500.00
3. For each elk or eagle, other than endangered species  $2,500.00
4. For each predatory, fur-bearing or nongame animal $ 250.00
5. For each small game or aquatic wildlife animal    $  50.00
6. For each bighorn sheep, bison (buffalo) or endangered species animal    $8,000.00

B. The commission may bring a civil action in the name of this state to enforce the civil penalty. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover from a person pursuant to this section may be doubled for a second violation, verdict or judgment and tripled for a third violation, verdict or judgment. The action to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty.

C. The pendency or determination of an action to enforce the civil penalty or for payment of the civil penalty or a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D. All monies recovered pursuant to this section shall be deposited in the wildlife theft prevention fund established by section 17-315.

[NoBull350]

1 hour ago, Outdoor Writer said:

Yup. Bet your bro is relieved that he'll save about $6,500. 

 

This is the complete readable version:

17-314. Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement
A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any of the following wildlife, or part thereof, to recover the following minimum sums:

1. For each turkey or javelina  $ 500.00
2. For each bear, mountain lion, pronghorn (antelope) or deer $1,500.00
3. For each elk or eagle, other than endangered species  $2,500.00
4. For each predatory, fur-bearing or nongame animal $ 250.00
5. For each small game or aquatic wildlife animal    $  50.00
6. For each bighorn sheep, bison (buffalo) or endangered species animal    $8,000.00

B. The commission may bring a civil action in the name of this state to enforce the civil penalty. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover from a person pursuant to this section may be doubled for a second violation, verdict or judgment and tripled for a third violation, verdict or judgment. The action to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty.

C. The pendency or determination of an action to enforce the civil penalty or for payment of the civil penalty or a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D. All monies recovered pursuant to this section shall be deposited in the wildlife theft prevention fund established by section 17-315.

LOL ! You sir are clueless . A few post back you are rambling on about Things that are not even in affect . I cant even imagine how many articles you have written that have zero merit due to you being a total douche! 

[biglakejake]

9 hours ago, NoBull350 said:

LOL ! You sir are clueless . A few post back you are rambling on about Things that are not even in affect . I cant even imagine how many articles you have written that have zero merit due to you being a total douche! 

Just like this whole sordid story it gets more painful every post.  Now you're calling someone names who's wearing an oxygen tank.  Somebody should mop the floor with you tough guy.......                         

lee

 

[AZ8]

19 minutes ago, NoBull350 said:

LOL ! You sir are clueless . A few post back you are rambling on about Things that are not even in affect . I cant even imagine how many articles you have written that have zero merit due to you being a total douche! 

Please, just go away already. 
 

 

[NoBull350]

18 minutes ago, biglakejake said:

Just like this whole story it gets more painful every post.  Now you're calling someone names who's wearing an oxygen tank.  Somebody should mop the floor with you tough guy.......                         Lee

 

I’m sure he is on oxygen due to the fact his head has been up his butt the last 70 years !  When you find that “somebody”send them my way . Quick question did you quit drinking ? 

[NoBull350]

35 minutes ago, AZ8 said:

Please, just go away already. 
 

 

I would love to talk to officer Fischer to see how he feels about his fellow officers stealing our game and not being charged . 🤔

[Outdoor Writer]

1 hour ago, NoBull350 said:

LOL ! You sir are clueless . A few post back you are rambling on about Things that are not even in affect . I cant even imagine how many articles you have written that have zero merit due to you being a total douche! 

Must have hit a nerve, eh?

The discussion that was taking place was based on what is stated in the current regulations, and since I retired more than a year ago, I no longer follow the daily happenings of changes that take place. That's why I searched for the new rule and posted it. 

Now, you can denigrate me and call me all the gutter names that your feeble brain has stored up, but two things you can't call me are thief and poacher. So you'll have to make due with kin. 

P..S -- It's "that are not even in EFFECT" not "that are not even in affect (sic)" 

[vitalzone]

1 hour ago, NoBull350 said:

LOL ! You sir are clueless . A few post back you are rambling on about Things that are not even in affect . I cant even imagine how many articles you have written that have zero merit due to you being a total douche! 

Who are you making malicious remarks about?

Can you expose your evidence to justify your strange remarks inmature to an individual?

[NoBull350]

9 minutes ago, Outdoor Writer said:

Must have hit a nerve, eh?

The discussion that was taking place was based on what is stated in the current regulations, and since I retired more than a year ago, I no longer follow the daily happenings of changes that take place. That's why I searched for the new rule and posted it. 

Now, you can denigrate me and call me all the gutter names that your feeble brain has stored up, but two things you can't call me are thief and poacher. So you'll have to make due with kin. 

P..S -- It's "that are not even in EFFECT" not "that are not even in affect (sic)" 

No you didn’t hit a nerve . I guess I just expected a “writer” to base things on present facts . You should go back to work and try to become an editor . It would appear that you might be a little bit better in editing vs writing . 

[AZ8]

3 hours ago, NoBull350 said:

 

[biglakejake]

10 hours ago, NoBull350 said:

Quick question did you quit drinking ? 

heck no-i like peeking at your little pink panties.  i did quit worryin' so much.  you two remind me of somethin' i once read....

lee

the trash men

BY CHARLES BUKOWSKI

here they come

these guys

grey truck

radio playing

 

they are in a hurry

 

it’s quite exciting:

shirt open

bellies hanging out

powerlines overhead

 

they run out the trash bins

roll them out to the fork lift

and then the truck grinds it upward

with far too much sound . . .

 

 

[NoBull350]

9 hours ago, biglakejake said:

heck no-i like peeking at your little pink panties.  i did quit worryin' so much.  you two remind me of somethin' i once read....

lee

the trash men

BY CHARLES BUKOWSKI

here they come

these guys

grey truck

radio playing

 

they are in a hurry

 

it’s quite exciting:

shirt open

bellies hanging out

powerlines overhead

 

they run out the trash bins

roll them out to the fork lift

and then the truck grinds it upward

with far too much sound . . .

 

 

Reminds me of when I first met you Lee ! I come rolling into the bar driving my grey Cummins music blasting in a hurry to see who was inside . I walked in and you seemed excited to see me ! I was wearing a Van Halen 1984 concert shirt with a slight bulge above my waist . You looked at my beer belly and sarcastically asked is that corona or bud ? I’ll never forget my response ! I said “ there is a tap underneath if you want to taste to find out “ .  I’ll never forget your response! Meet me out back by the dumpster under the power line !