RE: BUSTED..but innocent
 

if this happens to any one else-as soon as you are allowed out of police custody get a couple of witnesses (preferably another game warden or law enforcement officer) and go back to the scene and start trailing that deer agin.(explain every thing that happened , time of shot-how long you looked for the deer, what type of blood trail ect.. any info so that they can see your story is true) Then if they have the proof of this and what you said matches the eveidence just maybe the wrong can be rectified before it gets to court. also know all the hunting laws , regulations about -night hunting or after dark game retreival. i dont see how two men can be punished for something almost every hunter has done or will do at some point in their lives. after all if you hunt and shoot a deer , if you have`nt found it before dark most people are going to look for it-thats only normal as well as ethical hunting practices. although i am sure that many actual poachers has used the same excuse --so im sure it looks bad for your friends. having a lawyer and judge who hunts is also a plus im sure since they would proabably better understand about the circumstances.

Hopalong , hope it all works out for your buddies. annie.

RE: BUSTED..but innocent
 

I have met a lot of gamewardens, seems many are looking for something to blame. Not all but many. Don't let that out of area game warden but a bad wrap on ethical hunters. The alternative was to leave a dead or dying dear in the field, how ethical would that have been? good job, and fight it.

RE: BUSTED..but innocent
 

Ask your lawyer for a copy of the applicable statute;the ticket doesn't give much information and sometimes the title of the charge is misleading(example...Driving while intoxicated... but the statute says "no person shall operate a much broader term...). I remember iat our hunter safety course we were told to call the game warden and advise if we were going to be looking for a downed deer after dark. this seemed over the top at the time but now I see why. Chances are your innocent activity nevetheless fits the statutory language. Perhaps your lawyer could speak with the person prosecuting the case even if it is the GW, and work towards a compromise, or perhaps a trial is best. No better way to tell your story than to present the facts

RE: BUSTED..but innocent
 

BSH, you are correct in the wording of regulations. Regs say to contact gamewarden and advise of activities. Situation though was we were camped out on location and the way things happened it was easier for them to stay on the trail of the deer than to detour to camp for the cell phone to make the call. Yes a mistake was made. I guess the aggrivation of the situation is that they were doing their best to recover the deer and never in wildest dreams would have considered spot lighting deer.
Timber crusier stated that something did not sound right "several hundred yds off of road in the brush". Probably could have described a little better. Area being hunted is a little over a square section of land. Scrub oak is predominant. Several lanes were pickups are driven to check cattle and water tanks are numerous. So buddies were on one of these lanes and the county road was about 300 yds away. We found the buck next morning. Local GW is aware that we tagged deer in the next morning. He told me that he had gone back to location to check out story, found blood trail and where we had gutted the deer. Talked with buddies last night and guess the powers that be and local GW have been in touch with each other. Looks like things may be looking up. Do not really have solid info to pass on but will post when find out more.

RE: BUSTED..but innocent
 

The other bad thing about this is that because the deer was not found until the next day, the meat is probably tainted. Don't know if I would eat it myself. Regardless of whether you think the meat is bad or whether they eat the meat, science says that in 12+ hours, there are bacteria in that meat. Can the game warden be charged with waste of game meat?

RE: BUSTED..but innocent
 

>>>> What I'd do is try to meet with the DA or one of his/her assistants. Take all your paperwork and lay the deal out. Wear a coat and tie,and if you have even a smudge on your record... be up front. Be polite,but when he asks how he can help.... tell him that the charges are completely unfounded and you think they should be dismissed. You might also check to see if these particular GW's have written alot of tickets in your area for similar offenses. If all else fails,go to the local newspaper and see if you can generate some interest in the case...... Best of luck!

RE: BUSTED..but innocent
 

here`s a what if scenerio, what if a guy has stock and hears a ruckus amongst the stock at night and goes out to check it--more than likely a person will take his /her gun with them on the chance it may be a predetor attacking the stock, if it`s dark of course you`ll need a light, so if the gw happens along your property line as you are carring the gun and light either on the way to check the stock or back from it, will you be caught for spotlighting?

my neighbors have stock AND poach so it`s hard to tell what they are doing out in the middle of the night on a hillside in the cow pasture although usually it`s the latter. but who knows at what moment it may be the former?

RE: BUSTED..but innocent
 

We've had some of our local GW's more or less forced into retirement the last yr or two and the young guys that are their replacements (at least the ones I've meet) seem to have a chip on their shoulder it's the letter of the law and that's it and as we al know there are certain situations that requir ethical inturpritation I've meet these guys in a none proffestional setting (outdoor shows ect.) and even there these guys come across at best as real Jerks now the have a very difficult job i mean lets face it most everyone they walk up on has a loaded gun or other weapon. I think alot of the younger guys are on a power trip and hopfully will mellow with age

RE: BUSTED..but innocent
 

The game warden must of been a rental. I would plead not guilty and tell the judge my side of the story along with your bud. I wish ya luck

RE: BUSTED..but innocent
 

I guess it depends on how the law reads. Your friends may be out of luck. The game warden has probably busted other people for less.
I think in Indiana you can't carry a loaded gun in the woods after dark. I don't know about where you are at. The law is the law, and the wardens get paid to enforce the good and the bad laws.