http://www.peninsuladailynews.com/article/20091008/news/310089996
What is known so far:
1. The hunter legally harvested his elk. He had the appropriate license and tag for the GMU and season.
2. The area he shot it on is open to hunting and discharging firearms.
3. He did not discharge his firearm recklessly towards humans, livestock, houses, or the highway. The background was approximately 2 miles of open saltwater. He was using a muzzle loader.
4. The hunt occurred on private property for which he had permission to hunt on. The elk was not on the adjacent private parcel for which they did not have permission nor did it die on that adjacent property.
5. The area the hunt occurred on has been actively used for hunting for years, decades, and in all probability the past century.
6.The elk herd in the Brinnon area no longer keeps to the upper watershed but has adopted the village as it's home and
is the cause of constant damage to private property, a hazard to motorists traveling Hwy 101, and a drain on WDFW LE resources which have to respond to the problems the herd causes. Hunting is one tool to help force the herd away from the community.
7. After the animal was shot one or more tourists called 911 to report poaching.
8. 911 dispatch issued a report of poaching in process.
9. Port Gamble tribal Natural Resources LE Captain and reserve officer) was in the vicinity...likely on the Quilcene River about 15 minutes away from the site.
10. They responded possibly believing it may be tribal hunters.
11. They arrived as the hunter and helpers were driving with the elk back towards the Hwy about 200 yards away.
12. They approached the hunting party with service weapons locked and loaded and with firearms pointed towards the 3 adults and one small child ad directed the party to stop and assume face down positions immediately.
13. The party immediately assumed positions of prisoners of war except for the child whom tried to hide behind his father and then the vehicle.
14. Tribal LE handcuffed 2 of the adults in kneeling prisoner of war positions and directed the third to remain kneeling with his hands behind his head.
15. Certain facts became apparent to the tribal LE Captain. 1) These were not tribal hunters, 2) the hunter had appropiate licenses and tag, 3) the season was open for said hunters tag, 4) the area was not closed to firearms disharge, 5) the shot was not reckless, and 6) they had permission to hunt that private parcel. The LE Captain at first claimed they had poached the elk until revelation #2 occurred, then he claimed that the season was closed until revelation #3 occurred, then he claimed that the area was a County No Shoot Zone until revelation #4 occurred, then he claimed that the shot was reckless endangerment until revelation #5 occurred, lastly he claimed that they were trespassing and still is claiming such today even though it's pretty clear that it wasn't. Through all this the Tribal Captain forgot one over riding fact...he has zero legal authority to regarding non-tribal hunters. He also exhibited procedures that no professional LE officer should ever or ever would use. The number of violations of law he committed is more than a handful and the top of the list is a violation of the 4 citizens Federal 4th Amendment rights. Even if he was within his legal authority to forcefully seize these citizens and detain them he did so for 2 hours. The legal precedent for all LE is 20 minutes or release them. He was in fact informed that he should do so by state and county LE. He chose not to do so.
The incident is under investigation by the state and county authorities. I would expect federal LE to eventually also become involved. The Tribal officers remain on active duty.
"Seen worse".....
It's Gonna Be A Long Winter
There's lies, damned lies and then there are statistics......Mark Twain
Spam Kills x 8
Edited by Gooose (10/09/09 10:53 PM)
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