CLAIR JOHNSON Billings Gazette | Posted: Friday, January 27, 2006 12:00 am
BILLINGS, Mont. - A Gardiner-area rancher who allowed illegal big game hunting by out-of-state residents on his property will spend a year in federal prison and pay $50,000 in fines and restitution.
John Daniel McDonald, 38, who ranches in the Cinnabar Basin, and two Californians who admitted illegally shooting bull elk out of season on McDonald's property were sentenced Wednesday in federal court.
McDonald told U.S. District Judge Richard Cebull he used poor judgment, adding, "I just want to move on."
McDonald pleaded guilty in October to two felony counts of violating the Lacey Act, which regulates the interstate sale, purchase and transportation of wildlife.
In a separate hearing before U.S. Magistrate Richard Anderson, Frank Earl Schulze and Jeffrey Stuart Young, both from Santa Rosa, Calif., pleaded guilty to one misdemeanor count each of violating the Lacey Act. Anderson sentenced them immediately to probation and ordered the men to pay fines and restitution.
All three men lost their hunting privileges.
Schulze and Young said they were embarrassed and apologized. While saying they accepted responsibility, the men also told the judge they trusted McDonald's word that the hunts were legal.
From about 1999 until 2004, McDonald took money from out-of-state residents and provided them lodging and big game hunting, state and federal investigators said. McDonald was paid thousands of dollars for the illegal hunting of eight bull elk and one buck mule deer, the indictment said.
Chad Murphy, an investigator with the state Department of Fish, Wildlife and Parks, said the state has yet to obtain 15 illegally taken trophy elk heads and that work continues on the case. McDonald typically charged hunters $3,000 to $3,500 to hunt on his property and have access to Forest Service property through his land, he said.
"This is a case of wanton destruction and theft of Montana's wildlife resources for greed and money," said Sam Sheppard, FWP warden captain in Bozeman. "There is no excuse for this type of behavior. These are not sportsmen. They are poachers plain and simple."
A joint investigation by FWP and the U.S. Fish and Wildlife Service showed the illegal hunting scheme involved about 30 people and hunters from Michigan, Tennessee and California. The Michigan and Tennessee hunters have been prosecuted in state court.
Investigators were satisfied with McDonald's sentence; Sheppard said Montana is "ahead of the curve" for imposing prison sentences.
McDonald's attorney, Chuck Watson of Bozeman, called McDonald "a good man" who made some serious mistakes. McDonald accepted responsibility and has met with law enforcement officers for more than 20 hours, he said.
Many people wrote letters to the judge supporting McDonald and vouching for his good character, honesty, ethics and generosity, Watson said.
McDonald got into trouble by letting people shoot big game out of season, he said. People would pay McDonald a fee to hunt during the regular season. When they didn't fill their tag, they would start pressuring McDonald for more hunting, Watson said. "He let it get started. And he's criminally liable for not stopping it. He could have really profited from illegal activity if that had been his intention. He acted foolishly."
In sentencing McDonald, Cebull followed recommendations in a plea agreement and sentenced him to 12 months in prison, which was the low end of the guideline range, and to two years of supervised release. He imposed a $25,000 fine and ordered $25,000 restitution to be paid to Fish, Wildlife and Parks.
While on supervised release, McDonald also is prohibited from hunting, trapping or fishing or accompanying anyone doing so anywhere in the world. McDonald also agreed to a lifetime revocation of hunting privileges in Montana and in 19 other states that participate in a compact on wildlife violators.
Cebull allowed McDonald to surrender to prison.
During Schulze's hearing, Schulze said he "idolized" McDonald. When he didn't fill his tag by the end of the regular season, Schulze said, McDonald called him and his friend, Young, in January 2003 to come back to hunt bull elk. McDonald told him he had a "private ranch landowner tag," Schulze said. Schulze returned to Montana, hunted with McDonald and took a bull elk, he said.
There is no such thing as a private landowner tag, investigators noted.
Young admitted he shot big game out of season. When McDonald called them about hunting in January 2003, "we were sucked into it big time," Young said.
In sentencing Schulze and Young, Anderson ordered the men to write letters to FWP officials apologizing for an earlier letter in which they complained about the investigators and accused them of lying. The complaint letter was sent to FWP officials and then-Gov. Judy Martz.
Anderson sentenced Schulze and Young each to two years probation and $2,500 fines. He ordered Schulze to pay $8,000 restitution and Young to pay $16,300 restitution. While on probation, the men are prohibited from hunting, fishing or trapping or accompanying anyone on those activities anywhere in the world. And for five years, both men will lose their hunting privileges in Montana and 19 other states.
Schulze and Young paid their fines and restitution in full after the hearing.