Poacher Busted - CO Unit 61
 

Texas hunter pays $12,000 fine for killing prized Unit 61 elk

MONTROSE — A visiting hunter has paid nearly $12,000 for illegally killing a bull elk in the wrong game management unit, and then lying about the location to officers from the Colorado Division of Wildlife.

Mitchell Phelps, 46, of Athens, Texas, shot a six-point bull elk while archery hunting on Sept. 16, in game management unit 61, a prized limited-license area on the west side of the Uncompahgre Plateau near Montrose.

Phelps' license, however, allowed him to hunt only in game management unit 62, located just to the northeast of where he was hunting.

"A unit 61 elk license is highly prized, it's a big deal when a hunter draws one, people wait years to draw those licenses," said Renzo Delpiccolo, area wildlife manager for the DOW in Montrose. "So when someone sneaks into the wrong unit and kills a trophy animal, that's a serious crime."

Ryan Swygman, district wildlife manager in the area, was on routine hunting patrol on Sept. 16 when he saw an elk rack in the back of a pick-up truck. Swygman stopped to inspect the elk and became suspicious when he saw that the carcass tag had not been attached to the animal properly and had not been voided. A youngster got out of the truck and explained that his father had killed the animal and that he was on his way out with the meat.

Swygman decided to wait for the man. When Phelps arrived he told Swygman that he had shot the elk in unit 62, but that the animal had run more than a mile into unit 61 where it died. Swygman asked the man to take him to the site and he inspected the carcass remains. Swygman examined the animal and saw that the man had made an excellent shot, piercing the lungs and the heart with an arrow.

"When an animal gets shot in the heart and lungs, it usually can't run very far," Swygman said. When Swygman explained that to Phelps, the man continued to insist that the animal ran a long distance. During the interview wildlife officers Mark Caddy and Tony Bonacquista arrived to assist with the investigation. Phelps agreed to meet the officers the morning of Sept. 18 at the sheriff's office in Delta where the questioning would continue.

The officers also talked to another man in Phelps' hunting party who had become lost in the area the night before while packing out a portion of the elk his friend had shot. The officers had assisted the local sheriff's office in a search for the man and helped to locate him. The man, who was familiar with the area, told the officers that he had explained the location of the game management unit boundaries to Phelps.

When the officers talked to Phelps in Delta they told him that with the evidence they had that he could be charged with several violations. They explained that he would have to come back to Colorado for a trial, and if he was found guilty could face jail time and fines of more than $20,000.

When confronted with the evidence, the man finally decided to cooperate and admitted that he had shot the animal illegally. He pleaded guilty to illegal possession of wildlife and for failing to tag the animal properly. He was not allowed to keep the antlers or the meat. He was also assessed with an automatic surcharge of $10,000 for killing a trophy-class animal under Colorado's Samson law.

Phelps paid $11,702 in fines and was assessed 35 penalty points against his hunting privileges, which could prohibit him from hunting for up to five years.

In Colorado, accumulation of 20 penalty points leads to a license-suspension hearing and the possibility of losing hunting and fishing privileges for up to five years. Colorado also participates with other states in a wildlife compact agreement; so Phelps could also lose his hunting and fishing privileges in 24 other states. Texas does not participate in the compact agreement.

The length of his suspension will be determined at a hearing with the DOW this winter. Anyone who knows of poaching activity should contact a Colorado Division of Wildlife office or call Operation Game Thief at 1-877-265-6648. Tips can be given anonymously and rewards are possible.

RE: Poacher Busted - CO Unit 61
 

That's a hefty price tag! Serves him right.

RE: Poacher Busted - CO Unit 61
 

Good work by the DOW!

RE: Poacher Busted - CO Unit 61
 

That's right across the road from where we hunted...

RE: Poacher Busted - CO Unit 61
 

Serves him right. ....if he was a mile out of his assigned area, how much different could the hunting be a mile away. Elk certainly can move more than a mile in an hours time....would the two areas be that different that he couldn't stayed where he was legally bound?

RE: Poacher Busted - CO Unit 61
 

What kind of lesson does that teach his son?? I'm glad theycaught him!

RE: Poacher Busted - CO Unit 61
 

He knew he was wrong , and is paying a heavy price

RE: Poacher Busted - CO Unit 61
 

Defenitely dont have any sympathy for him. I think that TX should participate in the wildlife compact agreement so he cant hunt here either. If he would poach out of state then he sure as hell would poach here. If he didnt know he was on the wrong land then it would be a differnt story. But he knowingly broke the law so good riddens.

RE: Poacher Busted - CO Unit 61
 

I'm torn about how I feel about it... he paid for a tag and license, he hunted, bagged an elk in season using approved methods... i wouldn't call this "poaching" per se... the fine seems pretty excessive to me and I'm pretty sure there aren't grid lines all over the ground for him to verify when he crossed into another unit... maybe he stalked that elk for some time before he got a shot and didn't realize he had crossed into another unit until after he took it down... I could see a $1000 fine or so, but $12K??? no friggin way is that right either...

as for the kid, he can use it as a learning experience and his dad could put a positive spin on it and tell the kid to always pay attention to where you are at so this doesn't happen to you...

RE: Poacher Busted - CO Unit 61
 

Laws are laws he broke them. He's a poacher. For one he shouldnt have lied to the CO's. He got what was coming to him...

RE: Poacher Busted - CO Unit 61
 

My thoughts exactly

RE: Poacher Busted - CO Unit 61
 

i agree that something NEEDED to be done, no question, he broke the law, he needs to pay... $12k just seems excessive... revoke/suspend his hunting/fishing privileges for 10yrs or so, fine him 1-2000 bucks, maybe confiscate the weapon (archery gear in this case)... that seems much more appropriate for the crime... c'mon now, guys that get busted with drugs often don't pay fines that high (which should scare many of you)...

RE: Poacher Busted - CO Unit 61
 

He definitely got what he had coming. He knowingly broke the law and lied about it to cover it up which shows he had some incling of the consequences. he took a gamble and he got burned. As to the amount of the fine, it's public information, he should have known what he was getting into before he did it. If it's worth that much of a risk to him, then I'd say that $12K probably wasn't enough. It's all a matter of perspective; to some $12K is chump change so why not take the risk? There needs to be jail time associated with these violations.

RE: Poacher Busted - CO Unit 61
 

saying this in the absolute nicest possible way (and with a little smile and surprise).......

"Are you F-n SERIOUS????"

this attitude reminds me of the fuedal system in the middle ages... its not like the guy had no license and didn't pay for a tag, he hunted on the wrong side of the road (inside the state in which he had a license and a paid tag), intentional or not, that's all this violation is... its akin to not parking a little to close to a hydrant or hauling a trailer without proper mirrors, something of that nature... not like he was hunting off-season, no license, no tag, spot lighting at night and all that crap...

of all the things in this world that deserve jail time (drug dealers, rapists, child molestors, etc.), this is definitely NOT one of them... don't get me wrong, not in anyway saying he's right, he screwed up and should pay... but the punishment should fit the crime, this punishment doesn't in my opinion, but clearly i'm in the minority... frankly, if i was in his shoes (though I don't ever believe i will be) I'd be talkin to an attorney and get the fine negotiated down or the charges reduced...

RE: Poacher Busted - CO Unit 61
 

You think that's bad sevenmag. Shoot a bighorn sheep in the wrong unit and it may get you a 30,000 fine for just the sheep itself plus all other applicable penalties and loss of hunting priveleges etc. The West is not like the East. Their are once in a lifetime trophies in many areas that are strictly protected. The fines are there as a preventative measure when talking about trophy animals. Most people that hunt out west know of this.

Also, it is the responsibility of the hunter to know EXACTLY where he is in relationship to borders. So if a person tend to "get lost" or is tempted to stalk an elk too far, they should hunt in the middle of the district.

RE: Poacher Busted - CO Unit 61
 

if we were talking about endangered species or something I'd totally be on board with the steep fines and such...

RE: Poacher Busted - CO Unit 61
 

Endangered species are protected under federal law and that is a seperate issue from what we're discussing here.

"On board" or not, you better make sure you can read a map (for many reasons)andcan resist temptation to hunt wherever you feel like,before you leave thelocal deer patch.

RE: Poacher Busted - CO Unit 61
 

He got what he had coming!!

RE: Poacher Busted - CO Unit 61
 

Another "hunter" with a case of the dumbass. Maybe next time (5 years) he'll think before he acts.

RE: Poacher Busted - CO Unit 61
 

The land I hunt borders a state park that is off limits to ANY type of hunting. I have ahunting license for NY and I could easily walk into the park w/o confrontation, but it's ILLEGAL, so I don't.

Poachers know what they're doing, plus this guy was a mile into the zone, not just across the street.:eek:

RE: Poacher Busted - CO Unit 61
 

a mile or a foot, what's the difference??? is the speed limit 55 or 56 mph? is your draw length 28" or 29"? according to the law its black and white, there is no 100ft buffer... the difference does not matter...

RE: Poacher Busted - CO Unit 61
 

I think it does matter. Had they found the carcas within a 100 yards of the zone line, I doubt he would have been prosecuted. He new what he was doing when he KNOWINGLY broke the law. He lied about it. He'd see some cell time if it was up to me. Let's say you own some land. One morning you find a hunter gutting a deer on your property. He says he shot it on a adjacent land parcel andtracked it a couple hundred yards across your CLEARLY marked property line. Walking back to the property line, you discover his tree stand 50 yards into your property. You wouldn'twant him hammered to the max extent of the law? People like this think the law is made for everyone but them.

RE: Poacher Busted - CO Unit 61
 

I would say the personally owned private property would put this in a different realm than hunting public land... as i said, there is no gray area about what the law stipulates, he either broke it by hunting out of his "zone" or he didn't... certainly the officers could have cut him some slack, but thats an enforcement decision made thru the judgement of the officer, not what the law stipulates...


and for what its worth, I just don't get the whole jail time for this offense thing... this is kinda of a victimless crime, no way should anyone ever be jailed for such an offense unless it caused the death/dismemberment of another human or something like that... no different than going over your limit while out crappie fishing... does someone deserve to go to jail for having 51 or 52 crappie when the limit is 50?? i can't see a reason why this is different in any way... to me it sounds like the villagers grabbin their pitch forks to go lynch someone for making a mistake... punish him, most certianly, but lets not forget we're talkin about breaking a hunting law, not raping, murdering, drug dealing, DUI, molesting, robbing, kidnapping and etc... in the scope of people that need to be put in jail I'd say any of those need to be there long before this guy needs to be, especially considering how minor drug offenses are taken care of these days (even folks convicted of statuatory rape are OFTEN not given jail time)...

i know i'm not changin anyones minds, not really tryin to, just tryin to understand why this offense is so terrible compared to others that are even worse and get less punishment and how some people justify that view...

RE: Poacher Busted - CO Unit 61
 

He broke the law and now he's going to pay for it. Serves him right...

RE: Poacher Busted - CO Unit 61
 

Your rationalizing SevenMag. Comparing apples to oranges.He knowingly broke the law and lied about it. Somehow lessening the severity of hunting laws by comparing them to rape and murder is absurd. So, unless the crime is rape or murder, nobody should be prosecuted for their crimes or the punishment should be light, because it's not rape or murder?

RE: Poacher Busted - CO Unit 61
 

I think it is great! Wish he was punished more severely. I also wish there were more agents and tougher laws in my state. Trespassing and poaching must be stopped.Hang um!

RE: Poacher Busted - CO Unit 61
 

ah, i see, so when a person convicted of statuatory rape or criminal sexual assault of a minor (i've got a neighbor convicted of this) does ZERO NADA jail time and pays a 1500 dollar fine, does it make it right/fair to condemn someone to jail time for poaching??? should we institute a poaching offenders database??? yes, it sounds ridiculous, i know... but you're twisting my words... what i'm getting at is this... since when did hunting laws become such a serious blight/affliction on society as to warrant jail time in our already over-crowded system??

and no, i'm not rationalizing... what i'm seeing is a double standard... our criminal justice system lets much more serious offenses off light and we as a group (hunters in general) are sitting here moralizing about how this guy should do jail time... laws and their enforcement is what bothers me about the whole thing... i just want the dangerous ones behind bars, poachers are not a threat to society... if pulling a poacher out of a jail so i can get another rapist, murderer, kidnapper, or WHATEVER in there instead, so be it... we simple don't have the space to put everyone in jail and i'd be willing to bet that most people dont want the tax increases required to pay for more prisons, after all, tax cuts seem to be helping, no??

believe me, i'm all for making criminals pay the price, particularly those that endanger society... i just can't make jail time for poaching fit into my view of being a danger to society... kinda like how i dont think a college kid busted with a joint in her pockets should be doin 8yrs in state prison (an actual case here in IL about 8-10 yrs ago)... all i'm sayin is that the punishment should fit the crime, that's it, not advocating light sentencing or whatever, I just can't see poaching as an offense worthy of jail time (or the huge fines stated earlier)... as a hunter and fisher I can't stand poaching either, it is wrong, period and shouldn't be tolerated... but wrapping my head around sentencing a guy to jail time for the situation as it was laid out, no way in heck could i do that... i know i'm bein long winded about this, sorry... but appropriate sentencing touches a soft nerve with me... the guy that killed my brother didn't serve a SINGLE DAY in jail... did not pay a single dollar in fines... so I've seen it work the other way as well, and I'd hate to see a decent person who made a mistake get his life potentially ruined (jail time could cost him his job, his livelihood, cost his family, and etc.)... it not right to ruin a mans life over poaching, just as its not right to let someone off who's ruined someone elses life... there has to be appropriate punishment...

RE: Poacher Busted - CO Unit 61
 

I bet ya if he could back and do it all over again, he wouldn't chose the same path. Do you think he will poach again?;)

RE: Poacher Busted - CO Unit 61
 

Everything seems about right to me. I'm guessing the fine is about equal to what it would cost to hunt with an outfitter with access to private ranches and good bulls.

Good lesson.

RE: Poacher Busted - CO Unit 61
 

Colorado used to have a set fine of $750 for illegal possession. Some of the well heeled non-resident hunters were starting to look at the fine as a reasonable "toll" to pay for a trophy elk. So the trophy definition was added to the regs with fines about ten times as high as what is listed for small bull elk or a cow elk. This seems to have have worked. Imagine coming home from a hunting trip and explaining to your sweet wife how we're are going to have to mortgage the house tocome up with $10K to pay the fines.

RE: Poacher Busted - CO Unit 61
 

Ignoring the monetary fines for a moment...

Did anyone notice that he doesn't even necessarily lose his hunting privileges for the violation? It just triggers a hearing which may or may not result in losing the right to hunt for 5 years.

It seems to me that a good 10 or 15 year loss of hunting rights would be very appropriate since he was so obviously intentional in his poaching.. Let him lose a very significant portion of his hunting time and see if he plays loose with the laws next time.

RE: Poacher Busted - CO Unit 61
 

Couple things that should be noted here. Unit 61 is a well known trophy unit and requires about 9 points for an archery tag. The two units in question are divided by a road. There is no way that someone could accidentally stumble into the wrong unit. Unit 61 is very well marked and you would have to be really stupid to make this kind of mistake.The reason the fines were so high in this case is becausethe poacherviolated Colorado's "Samson Law" when he killed a trophy elk. This was no accident and in my opinion if he loses his hunting priviliges for 5 years in addition to the fines then he will have gotten what he deserves. How would you like to wait 9YEARS to get into this unit only to have some scumbag slip in and poach your elk?

RE: Poacher Busted - CO Unit 61
 

Hey Mitchell Phelps, if you are reading this... thanks for bringing discredit to the sport and making the rest of us look like jerks. I sure am glad they didn't put that in the paper (oh wait they did):eek:. It sure does chap my *** when hunters do things like this, not to mention teaching his son that it is OK to hunt wherever and probably whenever you want, and then lie about it. He got off easy if you ask me. They should have suspended his privlages for a min. of five years, and taken his weapons for the same amount of time.