Column
Big Horn Sheep Killing: A Betrayal of Trust
The story of a 204-point ram, an undercover agent and what it all says about Montana's Fish Wildlife and Parks department.
By Allen M. Jones, 8-31-09
I like to hunt, and I like to fish, and I like to do them in good conscience. This means, first and foremost, that I do my best to obey the rule of law, toe the line in the interests of, among other things, preserving the resource. As a hunter and fisherman, I want people to think well of me. I bristle at stereotypes, I wince at photos of 300 pound rednecks on ATVs proudly holding up forkhorns they shot under a jacklight. Aware of the public relations disaster that is too often the image of hunters viz the city folk, I dig it when the bad guys get their comeuppance.
I should be pleased, then, to see a few more ne’er-do-wells taken off the playing field in Montana.
Charges were recently filed in state district court against James Reed (Rexberg, Idaho), Blake Trangmoe (Glendive) and John Lewton (Whitehall). Lewton received the majority of the charges, including felony unlawful sale of a game animal, felony unlawful possession of a game animal, two misdemeanor counts of hunting without landowner permission, and a misdemeanor count of outfitting without a license.
Indeed, I should be pleased to see these guys caught. But…
Lewton and his buddies were arrested in an undercover sting operation during which an agent for Montana’s Fish, Wildlife & Parks shot and killed a bighorn sheep that scored over 204 points, Boone and Crockett. A new state record. According to recently released court documents, the undercover agent approached Lewton saying he had a bighorn sheep tag for Hunting District 680 (Montana’s Missouri River Breaks). Lewton scouted from an airplane on the agent’s behalf, used walkie-talkies during the hunt (both potentially illegal activities for which he wasn’t charged), and then, with the agent in tow, crossed private ground without permission prior to showing the agent the animal. The accused watched while the agent shot the sheep.
According to court documents, the investigation began in 2005, and was seeded in the fact that Lewton was “with a number of bighorn sheep tag holders in Montana during the last 10 to 15 years when they were hunting for bighorn sheep.” His continued proximity presumably helped arouse suspicion that he was outfitting without a license. The agent, identified in court documents only as J. G., first approached Lewton on July 29, 2008. Lewton specifically told J. G. he could not charge for helping him as Lewton was not an outfitter. He went on to say that he would be scouting and flying the area for another hunter, and could do the same for J. G. for $1,000. By my reading of the court documents, these are the only monies Lewton received prior to the shooting of the sheep.
Again according to court documents, during the hunt the men passed through a small piece of private property conspicuously marked no trespassing. Lewton asked the agent if he minded trespassing and the agent responded that he did not.
The first day of the hunt, agent J. G., shot at the ram and purposefully missed. The next day, September 19, with radio guidance by Lewton and his two companions, J. G. shot at the ram and purposefully missed again. They pursued the ram further. The ram was then “chased with two others into a steep-sided coulee.” According to documents, “It was clear that J. G. must shoot the ram, which was now in close proximity to the hunters, or reveal his true identity.”
After the hunt (in October), Lewton bought the ram from the agent for $5,000.
The prosecution, by my read, hinges on two elements. The first and apparently least in question, that Lewton (and the investigating officer) crossed private ground to reach the animal. The second, that Lewton accepted $1,000 for scouting and flying the territory. It’s questionable, to my mind, if this last constitutes “outfitting,” but he apparently did accept payment. The crossing of private ground prior to taking an animal, however, is illegal, which in turn would seem to make the taking of the animal itself illegal, leading to the other charges (unlawful possession, etc.) Given that the agent J. G. agreed to cross the private ground, he participated in the crime.
The court documents do not address the tag itself, mentioning only that the undercover agent approached Lewton saying he had a tag for district 680. Given that the chances of legitimately drawing a tag are miniscule (typically under 2 percent), it seems likely that the agent was either given a tag outside the traditional channels (depriving a Montana hunter of his own tag) or was using a fraudulent tag.
I don’t know Lewton and his cohorts, nor am I privy to all the circumstances behind the sting. (Jim Kropp, Chief of Law Enforcement for the FWP, when approached for comment, didn’t feel, and quite appropriately so, that it would be in good conscience to discuss the matter pre-trial.) It may be that Lewton has a history of wrongdoing such that the FWP wanted to prosecute him by any means possible – the equivalent of sending Al Capone up on tax evasion. But even if there are extenuating circumstances, as a sportsman in Montana, I find myself offended. As a hunter and conservationist, and according to the information I have available, I must say that the greatest wrongdoing here wasn’t committed by the folks who are being charged.
Every year, a Montana “governor’s sheep permit” is sold at auction during a banquet held by the Foundation for North American Wild Sheep. The permit holder is given statewide access to Montana’s bighorns. The funds generated by these auctions are earmarked for species conservation and management. This tag, given the quality of Montana’s trophy sheep hunting, regularly goes for more than $200,000. These are monies that benefit the animals, not to mention the thousands of Montana hunters who annually apply by lottery for their own sheep tag, rolling the dice for a chance at one of these huge rams. The governor’s permit for this coming fall sold for $245,000. If this year’s permit holder kills a ram that exceeds 190 points he will no doubt consider himself lucky indeed. And a 200 point ram? Among avid sheephunters, this is the equivalent of a four minute mile, it’s like winning a big election, it’s like playing the slots in Vegas and seeing the machine come up sevens. The sirens go off, the balloons come down.
To remove the emotional element (I won’t talk about the hordes of local hunters who would have given a pinky toe for even a chance at this animal), and just by crass calculation, this sting operation cost the state of Montana, and by extension our population of bighorn sheep, tens and perhaps hundreds of thousands of dollars. Given the money that goes into these auctioned permits, the sheep in any given area are typically scouted well before hand. The largest rams are usually known by nickname. Photos of the rams often circulate at FNAWS (Foundation for Northern American Wild Sheep), helping drive up the price of the governor’s tag at auction. If it was known that a new state record was in a given area, the tag would certainly be worth an additional . . . what, twenty-five thousand dollars? Fifty thousand? Perhaps more.
Not to diminish the crimes of Lewton and his buddies (if guilty, they should certainly be prosecuted), but by intentionally removing a significant amount of money from the state’s conservation coffers, I would argue that Montana’s FWP has stepped outside its own charter, has contradicted its own raison d’etre. They are an agency who “provides for the stewardship of the fish, wildlife, parks, and recreational resources of Montana.” By taking the largest ram from a population that has added millions of dollars to regional conservation based only on its reputation for large rams, it doesn’t seem unreasonable to assume they have damaged the state’s ability to manage its population of bighorn sheep. It’s hard to see how this falls under the aegis of “stewardship.” Any crimes committed or potentially committed by the guy from Whitehall would have to be serious indeed to warrant this kind of draconian enforcement.
Furthermore, I’ve always been vaguely uncomfortable with certain aspects of Montana’s undercover sting operations. On one side, there are those stings wherein game wardens place a dummy (often animatronic) game animal next to a road and then watch to see who pulls over and shoots it. It’s the equivalent of a speed trap, and nicely sifts the bad minnows from our pond. But too often the agents participate in the crime itself, as they did in this case. Soliciting potential criminals, creating a scenario such that the suspect is actively encouraged to commit a crime (allowing peer influence and cajoling to come into play, which surely rigs the board a bit), and then the undercover agent himself pulls the trigger, playing out the scenario to a believable (if, to my mind, immoral) end. I would use the word entrapment, but I’m not sure the courts would agree. Instead, I’ll just make the point that the issue is one of moral authority, and the lack of it. This might sound like a small point, but I consider it significant indeed. You have caught a criminal, but at what cost?
Consider: Implicit within this sheep scenario is the notion that the field agent is, himself, beyond the law. If I work for the Fish, Wildlife & Parks, I can apparently commit any fish and game crime I want so long as I’m doing it in order to position someone else for prosecution. I’ll commit a greater crime (taking an illegal ram) and then charge you for a lesser crime. No one should be above the law. No one should be beyond a certain kind of accountability.
But the most troublesome aspect of this scenario isn’t the financial loss, nor is it necessarily the specific wrongdoing committed by agent J. G., it’s the fact that a law enforcement agency ostensibly acting on my behalf has, to my mind, betrayed my trust. Members of law enforcement (whether FBI, state patrolmen, city cops, sheriffs, or game wardens), insofar as they are representatives of the people, insofar as they are acting not in their own interests but in ours (they are our agents), have an obligation toward a higher standard of behavior. Indeed, it’s a sacred duty. I need to know that the people who are acting with the authority of my republic are worthy of that authority. When a field agent illegally and without repercussion kills a noble animal of demonstrable value to the state, what does this say about him? What does it say about his agency?
Consider this opinion piece a call for an investigation. Either Montana’s Fish, Wildlife & Parks needs to do some serious soul searching and rearranging of its law enforcement methods or the state Attorney General needs to do it for them. As a sportsman, as a Montana landowner and tax payer, as the public for whom these people work, I need to have my faith in Montana’s FWP restored.
Allen M. Jones is the author of, among other books, A Quiet Place of Violence: Hunting and Ethics in the Missouri River Breaks.
[End of article]Disgusting...at every level.
Comment By Mad, 8-31-09I've dealt with the FNG and they are an embarrassment. Maybe not all the time but there have been some really bad eggs through the years. For example when the game warden in Ennis caught a griz thinking it was a black bear and then had to shoot it because it charged him upon release. You and I would have paid a huge fine, jail time, loss of hunting privileges etc. but this clown got to keep his job. Unbelievable. Now we are shooting not just big rams but the biggest ram in the state as an undercover operation. Hopefully this will never happen again but seeing as how we are here, an example needs to be made out of Lewton. Have the lost monies come from him and his business and have the FNG change policies on shooting record animals undercover. Not sure who is worse here but anyone with Lewton's style of ethics needs to never hunt or fish in the US and Canada again. Once again the law abiding hunter loses.
Comment By Bill, 8-31-09huh? These guys are crooks, plain and simple. I support the officer that literally put his safety if not his life on the line to bring them to justice. He brought a criminal to justice, did his best to protect the resource, and didn't even have to torture anyone to do it. I say kudos to FWP.
Comment By Michael Gregston, 8-31-09Suckass apologists for FW&P;aside, this story stunk from the get go and everybody who hunts and loves the breaks knows it. Thanks for having the courage to say so.
Comment By Michael Gregston, 8-31-09Allen,where can I get a copy of your book?
Comment By Martin Johnson, 8-31-09Hi Allen Jones
This was a very well written Article.
I do know all three of these men and have hunted with them in the past and I know they are conscientious law-abiding sportsmen. I am not aware of any previous game violations. To correct you on a couple of points in your article, it is NOT illegal in Montana to spot game from an airplane as long as the game is not pursued the same day as airborne. Their flying was done pre-season, which was prior to Sept. 15th. The ram was taken on the 19th. Stating that this is illegal is misleading and slanderous to their reputation. As for the use of radios, this is not illegal either as long as they are not used for the pursuit of the game. As for the $1000. paid to Lewton, none went to him. It was for the pilot and the $1000 did not cover the pilot's bill. This is NOT constitute guiding as Lewton and Trangmoe and Reed all had considerably more expenses out of pocket at a loss to them.
A guided hunt costs at least $15,000 with no guarantee of success. These men hunt truly for the love of hunting. As for the officer having to shoot the ram, that is pure crap. Both officers were armed and Lewton-Reed-Trangmoe only had video cameras. These men are honorable and non-threatening. To imply otherwise is slanderous. These men have integrity and have hunted with the very most elite and wealthy hunters and would not have been invited if they were law breaking criminals. When a hunter spends $300,000 for a hunt, he does not surround himself with a criminal element that would jeopardize his hunt.
Thanks Mr Jones for a great article. Before everyone villainizes these guys here are a couple facts I found out:
-The road into this hunting area is posted "public road across private land" and the hunt itself took place on public land
-The flying was done before the season and a week before the ram was shot and the ram was then located by foot days after the flying.
- This ram didn't have to be shot. After the three misses the party had lost the rams, one of the undercover agents then spotted the rams THEMSELVES and chose to shoot the big ram out of a band of three rams including two smaller rams.
-the undercover officer had a tag issued extra for this operation
so an extra ram died out of Montana's population and was the tag legit?
Sounds pretty shaky to me and if no money was charged for the hunt how is it "illegal outfitting"?
"just as all the Cops are Criminals
all the Sinner's Saints
heads is tails, call me Lucifer
I'm in need of some restraint..."
- Sympathy for the Devil
Jagger/Richard
Martin Johnson,
I don't know when their flying was done. You're right to point out that if it was done pre-season it wouldn't be illegal. I have made an appropriate change to the article.
Thanks!
There is a bigger story here folks. Dig deeper Allen, look into the RMP, find out what some people suggested is occuring with regards to access and who suggested it in the first place and why.
Comment By Mad, 9-01-09You can fly the area legally just as long as you don't hunt the same day. That is not the problem here. The problem is that FWP has a policy that requires a dead animal as evidence. It should be changed to have the undercover officer miss on purpose and document the spent round as evidence and the investigation over at that point. The officer has a firearm in hand at that point so safety should not be an issue. Just arrest the lowlife at that point.
Lewton is guilty for plenty so let's not start splitting hairs here. He's gulty so charge him.
Mr. Lewton is not guilty and no jury will convict him. When the hair splitting starts FW&P;will look like over zealous fools played like puppets by outside interests.
Comment By Jedediah Redman, 9-01-09These guys are just ordinary red-blooded American men who get their jollies by using high-powered weapons to prove they're superior to animals which cannot arm themselves with equalizers.
That capitalists and constables have extended their efforts to contain their inherently immoral activities within societal bounds
to the constest should surprise nobody.
I'm with you there, Jedediah. "Fair chase," my ass. Spotting from aircraft? Using walkie talkies to track the animals? I know I'm in the vast minority in this gun-happy state, but I'll be glad when our species finally evolves to the point where people don't kill other animals simply for the thrill of it.
Well-written article, Allen, and it sure raises a lot of questions about the FWP and their questionable tactics. As far as that goes, they certainly do not help their image with their Ben Tre logic: "We have to destroy the village in order to save it."
Abject stupidity cost Montana a monster breeder in their sheep gene pool. But you can't sue your government for being stupid. And you can't get a civil judgement in the interest of the record book ram and what its significance to the income from an auction tag would bring. Gross mismanagement, and the head of the Dept. should roll, just because authority has to suffer in a deal like this. Unions will protect the field officer doing the shooting. Going after that stupid sob is a waste of money. But whoever is in charge needs to have a can tied to his or her ass, and sent down the road to a different life. That is the only way people can control public officials bent on being stupid, time after time.
Comment By Kboy, 9-01-09Must of us heard about this a long time ago when it happened and have been waiting for these scumbags to get sentenced. I am more concerned that these losers who continually "accompany" hunters and accept money get their privileges revoked for life. Some defend the money because it was given to a pilot to scout the area... well paying that pilot pretty much means he was serving as a guide or outfitter by providing services to the hunter. Not just a fanatic who tries to accompany folks. After scouring all the articles it seems the under cover agent did "miss" the shot (up to 3 times). I am guessing he had to kill it to make the case - Can't file possession of illegal animal until the scumbag takes the carcass. I think I'll wait for final judgement until the evidence is provided to an actual judge!
Comment By Monty Hapsen, 9-01-09Kboy, These guys do accompany hunters, but without money for themselves. The only felony charge I can see is the posession charge and in one of yesterday's papers it said "Felony charges would not have applied if the ram had not been shot". This tells me they had nothing on these guys and had to create felony charges by shooting the ram. That's like an officer murdering a person to make a misdemeanor jaywalker an accomplice. Have you not ever accompanied someone on a hunt just to help them out or "show them around", or just for the love of the hunt? And these guys never had possesion of the ram until it was brought to the taxidermists shop by the agent.
Comment By Kboy, 9-01-09Just to 'help them out'? And they just happen to accept money each time. Come on, don't be naive. Remember someone had to turn these folks over to FWP before an investigation could even be initiated. I doubt they stuck an agent in this position without months of gathering info first - Well I would hope not. I compare it more to like a cop buying coke from a dealer to make the bust. As long as the evidence is turned over immediately (and not sampled) it is legal.
Comment By Jeff, 9-01-09This is to Bill
You call them crooks
Do you know them? I think you have know idea what you are talking about , and you are to blind to see what is going on here they are covering there ass! they had 4 years to come up with we will shot a ram and charge them with possession of the ram! the flying and the radios are ways to confuse small minded people like you who believe every thing you reed.they would have charged them if there were something to charge them on they are trying to cover there ass with this statement .I know Lewton has the best reputation for helping sheep hunters and will have lots of respected people to back him up in this . this whole case comes down to jealousies . and this is the Fish and games side wait until you hear the truth.
Jeff
To Kboy
Become a Kman
You must be a anti hunter! Calling them Losers why would you of all people call them that ? Is it because the are Helping people out to get there Ram That is legal! at expense to them! I am not seeing the crime hear at least on these men's part I think they have a legal action against the state for deformation of Cartier.
How come Mister Undercover didn't pull out or have some kind of contingency plan? Completely inept. A zillion dollar animal plugged to bust maybe ten grand worth of fines?
This is gonna be interesting to see how it all comes out in the wash.
kboy,
Remember so far as I've seen they've not been charged with any previous offenses for accepting money or anything else and this only accepted money for a service the officer ordered and that service was also not illegal. Some people just seriously like the hunt and helping others and helping the species in the process. Ask the MT biologists how much money Lewton has pumped into the sheep program by volunteering on these hunts and in turn providing big rams for the FWP to advertise for their auction tags.
Some people are not driven by greed. It says one of the men charged was from Idaho and obviously drove clear to the breaks for the hunt and nothing is said about him or the man from Glendive asking for or accepting any money. Does this sound like the actions of someone trying to do this for money? Not to me unless there is more we don't know. It just seems strange that four years investigation and a year since the hunt in question and all they seem to have are very borderline charges created by a crime committed by the officer at the moment because they had nothing else to charge them for.
Allen, that was truly a well written article that shoots straight to the heart of the issue.
Comment By Michael Gregston, 9-01-09Lets put it another way...and this is the truth.
Last fall I went sheep hunting in the breaks, I had a ewe tag. I shot my ewe, while hunting that day i saw a big ram and when I got home I told a friend with a ram tag where I saw it. He could not go the next day, however the following day he went to the same place and shot it. 2 months later we had coffee and talked about it...he bought the coffee. Am I guilty of guideing without a lic? This thing sucked from the get go.
My last post seems a bit lame, lets put it another way.
If FW&P;can't do a better job than what they did with this little horseshit sting what the hell good are they? I have spent a lifetime supporting them through lic purchase and obeying the law.
Screwed up a time or 2 in 50 years and paid my dues. This is chickenshit and everybody involved needs to find another job. Our recovered game herds deserve it and so do those of us who have paid the bills these past 60 years. DO A BETTER JOB FW&P;!
Good article Allen! Both French and Henkel were tipped off on this story, but chose to sit. Kudos for breaking it, but you have more research to do.
The governor's Tag holder was in the immediate vicinity when this ram was killed. He was, in fact, actually making a move on that band when the agent shot the ram. He ended up "settling" for a `95 ram, but he was in position and knew the 204 ram was there. His party witnessed the kill.
John Lewton was asked by the agent to shoot the ram after all three of the misses. Lewton refused every time, saying there would be another chance and that he had to shoot it himself.
Lewton isn't a poacher - he's a sheep fanatic and his interest in these hunts is as a videographer.
The sheep tag for the agent came out of the 20 allocated ram tags for District 680. Some poor Montana hunter gave up their chance for a hunt of a lifetime so this entrapment could occur.
The motivation for this travesty was complaints from the area 680 guides and leasing landowners about Lewton taking hunters "for free".
FWP is now acting as an enforcer for the game pimps.
You say, "It may be that Lewton has a history of wrongdoing such that the FWP wanted to prosecute him by any means possible – the equivalent of sending Al Capone up on tax evasion."
I'm not a hunter but from your reporting, that sounds right on. So Lewton might not be guilty of scouting with a plane because it wasn't done on the same day as the hunt, or might have been pre-season, and he's not guilty of possessing the game animal (or selling it, I guess) because he wouldn't have had it if the agent hadn't shot it, he didn't hunt without landowner permission (sounds like it would be hard to make that stick)--so that leaves guiding without a permit?
Would he have done any of the above (if he did) without prodding from the agent who made the 'sting'? If that's not entrapment, what is?
How about prosecuting the agent and the team behind him for an outrageous waste of taxpayer monies and killing a prize bighorn sheep? Can you imagine what would have happened if Lewton had pulled the trigger? How is it any less criminal for the agent to have done so? Knowing what the agent knew at the time of the shooting, and, as another commenter has pointed out, having a high-powered rifle to defend himself if necessary, how on earth could he have actually shot that animal (that it was his responsibility to protect)?
It is looking like the FNG will have their hands full with this one. Has Lewton had any prior violations? FNG needs to stick to busting people that can't afford lawyers. I now hope that Lewton is found innocent and heads roll at FNG. This is getting even more outrageous. The FNG is paid by taxpayer money which means they need to do their job perfectly as far as I'm concerned......and they don't.
Grab the popcorn.
Would any of you "Really" care had this been a smaller ram or even a less-than-full-curl ram?
As Mr. Allen stated in the beginning of his article he bristles at the thought of 300lb ATV hunters etc... If these guys hunted on foot and extened that much effort why would they have done it illegaly. FW&P;should focus their officers on back country roads and at non-motorized gates during the hunting season to financially demolish illegal ATV hunters, poachers, and road hunters ...there is a great source of wildlife conservation funding.
Lewton could not have taken possession of the animal if it was not illegally killed. This is the definition of entrapment. The real issue is that if the Game Warden had not broken the law and killed the ram then there would be no way that the charges of felony unlawful sale of a game animal, felony unlawful possession of a game animal should have been filed. If the animal was shot legally then the only charge should be trespassing.
As for outfitting without a license I know of no law that says you cannot charge for scouting, especially if you incur cost to help. Does this mean that if you take your buddy hunting in your truck and he pays for gas and food you are outfitting and breaking the law? When does it become outfitting when hunting with someone else?
You cannot break the law to catch a criminal. I know that this makes it harder on law enforcement but if the people “upholding” the law don’t follow the rules why should anyone else.
I love this! And my compliments to the author for writing the article and continuing this debate. (And to Jeff: only more years of life can make me a man. I do still have the open mindedness of youth!) I decided to check with my local county attorney's office and the lady explained it is not illegal for an under cover wildlife agent to kill an animal, and especially if a judge has issued a warrant in the case. And i bet if you check with Chouteau County (or whatever side of the river that district is in) I believe you will find a warrant was issued for FWP officers to do all sorts of things (we don't like!) I bet if anyone actually takes the time to follow this to trial (if these guys don't plea out first, and my opinion is they are still losers) you will find out, although it is striking a nerve of every hunter who has every applied for a sheep tag, that it was done within the law. I do wonder if FWP considered what a unpopular move this case would be? If the agent actually enjoyed this case? But then some folks out there must find it more than questionable why Mr. Lewton accompanies so many sheep hunters, why he accepts money to help them, and wonder if his taxidermy business just happens to benefit from all of this.
Comment By bearbait, 9-02-09If, in fact, the Governor's tag holder was on this sheep, and had it taken from under him by the game officers, the public relations fiasco this will put on Montana is huge. Terrible deal for Montana. A 205 ram is a state treasure. An icon. The absolute dream of every sheep hunter taken by the cops is not going to play well across the nation.
First, the ram was a part of the gene pool, a gene pool as good as any that exists. Second, it is Montana's people who own and control it, not government for government's sake. Third, entrapment will not pass the smell test in a court of peers if the defendants have fair to middling legal representation. At that time, all has been lost. The thing becomes a farce. Some BBC comedy. Mr. Bumbles meets Mr. Overnice.
I once drew a sheep tag. I had a friend go with me to scout. He hasn't quit since then. He became obsessed with sheep and hunting them. In his end of the world, he is the person who knows where they are, who lives there, and the scores of most of the mature rams. The guiding deal is limited by the BLM. So one guide service on public lands for two dozen sheep tags all in use in two one week periods. Government is not the friend. Government is not even user friendly. So if one were to draw a tag for that area, don't you expect the local ADD sheep fanatic would get some calls. Those guys are just wanting, hoping, that someone calls so they can go on another sheep hunt. For free. Just for the solution to their sheep jones.
I have added this because I know it exists. It might just be the reason for the whole process of government and their own ADD problems, their compulsive need to make an illegal guiding bust.
We might be looking at the place where extremes meet in wild sheep hunting, and both parties are wrong. Which provides for interesting law, law enforcement, and legislation.
Whatever comes of this is a shame. All of these charges just seem to be technicalities. It doesn't appear to me there was any malicious intent by these men and no previous track record of any. If they are convicted it won't be because they went looking to do something wrong, the FWP went to them and through technicalities made a chrime. It will afect them and still be a big black eye for the FWP. If they are found innocent, they still will have been affected by this and have to live with trying to clear their previously good reputations. If you read all the comments on this statewide, anyone who knows or has had contact with these men speak nothing but accolades on how good and reputable they are. A shame all the way around.
Comment By Chuck Feney, 9-02-09The root of this investigation was the complaints from the incompetent outfitters and leasing landowners in Sheep district 680 complaining to FWP that Lewton was taking sheep hunters "for free" and he was embarrassing them by helping to take a majority of the big rams harvested in that district.
The art of sheep hunting for trophy rams is the ability to judge their score on the hoof. It's more art than science and no one was better at judging sheep than John Lewton. That is why so many Governor's tag holders wanted him to film their hunts and judge the rams they were looking at.
The outfitters in District 680 are famous for calling 175 rams as 200 inchers. They are renouned for producing "ground shrinkage" disappointed hunters.
But what happens when you drink bad water and practice inbreeding for 100 years. I'm referring to the outfitters, not the sheep, of course!
The undercover warden should be prosecuted with the other culprids. The undercover warden could have shot a ewe if he had to shoot one but he didn't have to shoot any at all. Did the warden have a 680 permit at all? If he did that means FWP 'rigged' the drawing. Was his life in danger? Couldn't be, he had a loaded rifle and probably a pistol as well.Were the other cuprits armed? He could have arrested all the culprids on the spot before any ram was shot and called in more 'shoes'. Shooting the ram makes him as guilty as the other culprids.Was Helena involved in this caper? This is a poor piece of enforcement work.The warden joined the culprids in pursuit of Montana's probably largest ram. They should all be prosecuted under the laws.
Watch for political cover up on this one. Montana sportsmen should be outraged. Why did all of this just come out in the news media? It should have been publicized months ago.When BLM allowed aircraft to land inside of the Breaks we should have expected a lot of this shady stuff to happen. What about elk and deer hunting with aircraft there now? Where were the BLM cops in the meantime? Were they out on the public funded shooting range near Lewistown shooting weapons we paid for to??
All of this happens on our public lands......isn't that great? Fines must be doubled!! No hunting for a lifetime for all these culprits including the warden who should be fired!!Prosecute them all and the warden first. Is the warden still on the public tab? Why is he being paid while the investigation goes on? Will the warden plead temporary insanity??
It’s very possible that they would have killed the agent if he missed or blew the shot. What is he going to do?
These are not nice people, they are poachers and criminals. I am sure that they wouldn’t think twice about pulling the Ol’ 3 S’s on someone they suspected to be a law enforcement officer.
I read a similar story about a federal officer in Alaska in the same situation; she said there was no other option in her opinion at the time than to take down the animal or be killed herself.
Here is a link to here book.
http://www.amazon.com/Hunt-Justice-Story-Undercover-Wildlife/dp/1592288820
I’m sure the library has a free copy available.
I hate to see a trophy ram go, but I feel better knowing that criminals were caught, and serious charges are filed that will hopefully stop future people from thinking about
illegal hunting in the state of Montana.
Nothing is perfect, and if the means to the end include a bit of smoke and mirrors than so be it. I can live with that. Not everything gets a storybook ending.
I only wished that penalties were stronger and poachers would lose hunting rights nationwide. Too many times these types simply go set up shop in another state.
Thank you FWP wardens, and congratulations for another bust.
I personally appreciate your hard work.
What if the "agent" was in pursuit of a human serial killer? Perhaps Mr. Lewton's official rights should be questioned.
Comment By My Sheep Tag, 9-02-09TO: Paul
The only poacher I see in this story is the FWP warden who illegally killed what could have been my Record Book Ram. Oh, and for the part about the safety of the undercover agents. The undercover agents were the ones packing firearms. The innocent until proven guilty party were packing video cameras. Maybe you should get your facts straight before you make stupid comments in your unperfect world.
Rednecks. How hard is is to hunt? Sneak up, aim and kill it. Get your dumb looking redneck picture taken, eat it, hang its dead carcass on your wall, brag to your friends about how your fat ass, and your giant gun, rode up to the hunted animal by horse, by airplane, or even by the side of the road, paid ridiculous amounts of money to hunt, and for what? "The meat?" Whatever, I'd sure like to hunt the "good huntin' people" just to see what all of the excitements about. These are large animals just minding their own business, and Billy Joe Bob Darrel Jr. just wants to shoot an EASY LARGE target. Or maybe someone can help me understand the appeal of it all.
Comment By Jack, 9-02-09Good comment My Sheep Tag...Wardens are supposed to be trained for difficult situations. Would the police and highway patrol cave in to? I don't think so. If the job was going to be tough and FWP knew it why send out a 'milk toast' warden? Remember the warden had a loaded rifle,extra ammo and probably a pistol as well. The warden was a fool and didn't do his job properly. He/she should not have shot any sheep at all. Who would be threatened if you had the rifle and loaded? The warden is as guilty as the other culprits. Think about it they illegally shot a trophy ram that was avilable to wild sheep hunters who played by the rules.This is a FWP screw up admit it. How many other illegal trophies were taken by the culprits over the years and Lewton is a taxidermist? FWP should be ashamed the way this was handled. We need to know the names of all FWP personnel involved in this caper. Did Lawton take a photo of the warden next to OUR wild sheep? Post that photo here as well.
Comment By Michael Gregston, 9-02-09Oh my, I couldn't make this crap up...and just before hunting season!
Take it from this Chouteau County resident...these guys will walk.
Oh I just can't help yself.Heres one for ya all. I recall two friends caught this fish by hand in the Kootenia River and turns out the fish was the world record trout.The fish got stuck in the shallow when the River went down by the Libby Damn.Well, first there was joy that these two boys/friends, one bound to a wheel chair, caught the fish of a life time.And guess what? They caught it by hand.They had no pole and this fish would of died but these two caught this fish by hand and hauled it into town to the local newspaper to get their picture taken and all.You can imagine the moment in these two kids then.Well, the next day, Fish and Game confiscated the World Record Trout fish and issued the two boys tickets for illegal catch.Cuz they caught it by hand.Oh the town went crazy to take this fish from them and all hell broke loose.The Fish was put in a freezer till a Judge decided what to do.In the mean time,all of a sudden, the fish comes up missing.It's gone.Stories emerged like fly on shit and the fish spoiled and was thrown away,someone stole it,etc.THEN it was found... guess where?? At a Taxidermist in Kali spell and the fish was already in the process when found.The Fish and Game had stolen the fish and was getting it mounted to hang on the wall in their Tazmahall F and G fortress.In the end, the two kids tickets were revoked, a apology to the kids and they got their fish back.And guess what, it was a different fish. The Fish and Game ARE a bunch of theives and lowlifes, most I know.These are low lifes and should of gone to prison or lost their job...ya think. ps.When F and G do fish counts at the Libby Dam, they DO keep the big ones and have one hell of a fish fry...every year.How bout you. You got a story about these low lifes??? I got many more too.
Comment By mike crill, 9-02-09And the rest of the story.The World Record Trout caught by these two boys was thrown out because they used their hands.Some one else caught a bigger one but still, what a bummer huh.
Comment By Jack, 9-02-09Look at the facts all of them are poachers and took the ram for selfish greed and used every illegal means possible to locate the ram. No fair chase here. Will they all plead tempory insanity?
Comment By dan corkill, 9-02-09UNFUKINBELIEVABLE!!!!!!!!!!!!!!!!!!
Comment By bearbait, 9-02-09What is not ringing true is the fact that state governments are broke, and this ram was a million dollar deal for Montana. 205 by a good judge of horn scoring, and you have had to looked at a lot of sheep, over many years, to be able to judge a ram like that with in a couple of inches. bases, how it carries, total length. How broomed. All estimated through field glasses or spotting scopes, digital cameras, blown up on a digital tv screen, and whatever the tricks are, is art. Some do it a whole lot better than others. If you have a record book ram like that, there is a whole body of men and women with the means to spend a fortune to be able to take a ram like that. And they pay. This is no Blixeth deal.
So, if Montana Parks and Wildlife can piss away a million bucks to prosecute a guiding misdemeanor, small time felony, whatever, they have lots of money.
In my state, Oregon, we have a big hatchery coho run in the ocean now coming into rivers. But we are not even close to recovering wild coho, and until that happens, commercial fishing is stopped, and sports fishing has to release, "unharmed", all wild, or non fin clipped coho. So with this pile of fish in the ocean, they open the ocean to a three fish limit. After 50 years of two fish limits. With all chinook and wild coho to be released "unharmed." How netting a fish, hauling it on deck, looking through the mesh while the fish loses scales by the thousands, struggling for air, to be determined "wild" and the hook removed and the fish tossed back into the ocean, is considered "unharmed" is news to me.
Further more, by increasing the limit by 50%, you also increase the chances of hooking a "wild" fish to be released. And that released fish has a very good chance of being caught again, and again, until the season closes or the fish dies. Hook and release mortality has been estimated at 30%. Hook the same fish three times and it is dead. And, you increase your chances of catching a chinook because you still have your worm in the water. The "salmon tag" is good for 10 salmon or steelhead. You can buy a "hatchery salmon steelhead tag", and put only hatchery fish on it. Before, it would take 5 days to fill a tag. Now it takes 3 before you need another tag to be able to catch the two fish plus the one left on the old tag you are allowed in a day. The issue is that with good fishermen and reasonable effort, the state sells 40% more tags. It IS A REVENUE DEAL----NOT CONSERVATION.
The stories are legion from this summer on the ocean, about people who caught 40 fish to find 12 keepers. and did it several times. That is not conservation, folks, that is revenue generation. Dead salmon are the most valuable salmon, especially if they are dead in a spawning stream. It is their dead body that provides the nutrients to get the next generation to the ocean. People don't shit in the creek. Eagles and bears and coyotes and raccoons do. And the salmon returns to the creek in scat. Or makes that tree grow up slope somewhere. But the state wants revenue, not conservation. They will be there selling the last tag to shoot whatever, catch whatever, if only to fund their pensions, their salaries, their being. We now have government, for government, by government, and the rest of your jobs are just tolerated because they produce income to wrest from you to fund their follies. Shooting the 205 ram because "he had to" is the biggest bullshit story ever. He shot a 205 ram, a feat many would love but will never have a chance to do. Hero game cop. The only one with a gun on the claim. The whole deal stinks, does not pass the smell test, and further undermines the authority of government. It proves their ineptness. Pshaw!!! as the old librarian used to say.
Paul:
What form of ritual abuse were you subjected to to make you so subservient to FWP officials? Were you tied up as a child by someone in a game warden uniform and tickled to unconsciousness?
Sounds like you have a real fetish for ass kissing fish cops.
Now let me see, figure this one out.We now get to hunt wolves and only 230? wolfs can be killed and yet over 4,000+ tags were sold.I would like to know just how 4,000+ wolf killers are going to know when the 230 limit is full.Again another big business for the crooks and we have to put up with this.Last years with $3 million dollars left in their kitty,for their so called Bear recovery,they(FandG) had to spend this money or lose money for next year.In less than a month or two,$3MILLION dollars was wasted collecting Bear hair.Yap,sent a Army of $6.25hr wage workers to collect Bear hair samples for DNA(joke).And then they requested MORE MILLIONS they said was needed to continue the Bear recovery BS.And they got it.of course.And WE keep forking it out.Another scam is the FandG will and do, take a section of land and split it up into pies.Each pie is called a designated area where only a special permit can be used to hunt elk in this area.Now, They sell thousands of special elk tags and mainly for the out of staters who pay/get screwed hundreds/thousands of bucks.So with say 20 sections pied up on this land,there are ONLY 10 to 20 elk in this entire area.Most of the pie don't even have elk but they don't care.They love screwing so many...knowingly.Yes it is BIG bussiness and the people get screwed.What use to be ours is now theirs and we have to pay for what was ours and that is all we do is pay pay pay and I still ain't shot a elk in my pie.I should of went and bought a beef instead.Will do that this hunting season.Can't deal with the BS.No fun anymore...
Comment By Monty, 9-03-09Listen everyone the point your missing here is they started this investigation because Lewton was accompanying these hunters so they were suspicious he was taking money. A FOUR YEAR INVESTIGATION TURNED UP NOT ONE THING! If you read some other blogs there are numerous people writing in saying Lewton went on their sheep hunts and asked not for one penny and then thanked them for letting him be a part of their hunt. It also says pretty much everywhere these men have No Prior Offenses. All that was charged this time were misdemeanors and it sounds like the tresspassing is very questionable as the road was posted public road across private land and the illegal guiding is very questionable as they asked for no money and only recieved payment for the pilot of the plane which was also legal. So the whole thing comes down to the fact that no previos crime was found, no serious crime was solicited by the accused, slim misdemeanors were the only crimes that would amount to a simple ticket until the FWP created this crime because they had nothing else. They served a search warrant on Lewton's home and business. They seized all of his computors, cameras, records, etc. a year ago. After analizing all of it for almost a year they came up with not one charge other than his taxidermy license had barely lapsed and needed renewed. Look this up it's all public record. The statute of limitations is a year from the time of the supposed crime. It says the ram was shot Sept 19th. If they had a monster crime ring and all these charges you guys are trying to create, why did it take so long to come up with nothing but THIN charges? No, they had to come up with some charges before the statute of limitations ran out in a week or two to cover the outrage they are recieving over killing this ram. All the investigating ONLY came up with the charges from the crime created by the officer shooting that ram that one day AND Lewton buying a supposedly legally taken ram wcich is also not illegal and also created by him shooting the ram. I've always been a staunch supporter of all fish and game departments. I thank them for the job they do to protect our game. I just find it a travesty these good men, by all accounts of everyone writing in that knows them, are being hung simply because this is an investigation that went awry. I'm sure the FWP was suspicious of his accompanying all these sheep hunters and I'm sure after complaints by the 680 outfitter from Butte they followed up and I'm sure they believed they would find all kinds of evidence of wrongdoing when they served the search warrants, but they didn't. They shot the ram hoping there would be alot more but there wasn't. Now because they solicited these men on this hunt, and remember without them approaching these men even the misdemeanors wouldn't be there, and created this crime and the one crime created by the FWP is the only thing they have.
Comment By Jill Kuraitis, 9-03-09What I like best about this very well-written article is how much there is to learn from it. As a non-hunter who is just beginning to understand the many sides to the issue, I soaked up a lot of important and surprising information. Good job, Mr. Jones; and thanks for letting reason, logic and personal honor guide your way.
Comment By Mike, 9-03-09I am not a hunter, or a fan of hunting, but this story is appalling. From what I read here, the only thing that was done wrong was done by FWP. I certainly support good protection of our natural resources, and the prosecution of those who illegally misuse them, but this certainly does not seem to be anything like that, except on the part of the FWP.
Comment By Kboy, 9-03-09It will all be decided in a court of law. But by all means BLOG ON!
Comment By Mr. Twister, 9-03-09I question the wisdom of FWP auctioning off our wildlife if this is what they do with the proceeds. I recall reading something about FWP soliciting non-profits to submit proposals for yet more of theses auctions. The govenor needs to step in and clean up the shit heap that used to be FWP.
Comment By Jack, 9-03-09It's difficult for me to understand how some readers are trying to support the poachers and all the illegal tactics used to locate the ram.We should be supporting the laws be followed. I wonder how many other Montana trophies were shipped out of Montana in the past and violated the Lacy Act a federal law.Entrapment doesn't seem to enter this case at all. The poachers were caught and one is a taxidermist. When will the trial start and all evidence presented in a court trial?
Comment By Sutton, 9-03-09Maybe that undercover agent had just stared into the abyss too long. The hunter must be careful, that he does not become the thing he hunts.
Great read, Allen.
These 3 guys did'nt shoot the ram....why did'nt the undercover agent Justin Gibson get charged for shooting the ram,sounds like he is the only one that committed a crime here.
Comment By Chuck Feney, 9-03-09VTT:
So the undercover agent's name is Justin Gibson?? It would be nice if his picture got posted here or on the Bowsite- Montana Forum - Rumor has it - blog.
Maybe it's best to wait this one out before anyone gets called a poacher again.
The undercover agent will probably get a promotion and a retirement pention at the end of his career just like that dope in Ennis that shot and killed the grizzly because he mistook it for a black bear. IT WAS IN A BEAR TRAP FOR GOD'S SAKE!!! Lots more stories of this moron. Stupidity runs rampant in some government jobs I guess. Killing that ram the way they did is like tearing up a winning lottery ticket when you are eating out of a dumpster. There would have been huge benefits if ANYONE would have taken it legally, not just the Governor's tag holder. Disgusting shame.
So will Warden Justin Gibson's name appear in the record book of Boone and Crockett for this tremendous Bighorn Ram? He was issued one of the 20 precious ram tags for 680, but I wonder if he actually applied for that district.
Did he go thru the drawing or was a tag pullrd for him. If a tag was pulled, then FWP is engaging in fraud and the Attorney General needs to bring that rogue agency to heel.
Was he instructed to kill a giant ram in this operation to hang in the FWP headquarters?
This whole debacle really stinks.
Call the Attorney General and demand an investigation of FWP's actions.
Boy, it seems Jack and K boy are the only ones really slamming these guys here, you'd think Jack and kboy were brothers! Jack, there were NO illegal tactics used to locate the ram and NO charges pressed for any. It is not illegal to fly and especially not a week before the sheep is shot. If you look around, ask around, and read all the blogs and the charges, no crimes were found or charged from either the four year look into this or from all the records, pictures, cameras, or anything else seized from the search warrant. Not one charge came from any of it and that includes the FWP interviewing numerous hunters that hunted with these guys in the past. Not one charge. So Jack and kboy are you suggesting the FWP is so innept they simply missed all the "poaching" these guys have done and only were able to press charges by creating a crime to stick on these guys? I guess they just needed to call you two experts to convict them. Another thing, none of the charges are federal so no "Lacey act" applies and I'm sure that would have showed up on the investigation of the taxidermy shop also but again no charges. Maybe, just maybe, these guys truly are innocent and you and your brother, like the FWP are trying to convict these guys through the press. Sounds like sour grapes to me. I think some people just find it hard to believe and are irked (or jealous) these guys get these hunters big rams and have the audacity to do it for free! Some people still enjoy just being a part of the hunt and in the process helping the FWP and sheep programs by helping these guys harvest big rams to promote the the tags to help them bring big money. This year the Gov tag brought $245,000 and do you think its not because of them finding and helping harvest this ram? 90% of that money goes to the FWP. Some thanks they got huh?
Comment By Chuck Feney, 9-04-09The root of this investigation was the jealousy of the leasing landowners and outfitters in District 680. They whined to game warden Reno that Lewton was taking sheep hunters "for free" and they needed Shane to "get him" for illegal outfitting.
You see, those leasing landowners and outfitters think they own the Bighorns in District 680. If they had their way, everyone who drew the precious 690 tag would be required to use their services. They also think they own the elk in that public land loaded area.
So based on rumor, innuendo, jealousy, and a desire to commercialize the rams in 680, the good ol' boy game warden goes to Headquarters asks that a tag be pulled for FWP undercover warden Justin Gibson to try to gather evidence of John Lewton's supposed illegal outfitting operation.
Because the tags drawn in that district are public record and available to copy by hand at FWP headquarters - a little favor that FWP does to grease the business of the local outfitters - the investigation had to issue only 19 tags to the sheep hunters who put in for a once in a lifetime chance to draw such a tag.
If this is how it came down, it was a clear case of fraud against the drawing process at FWP. If FWP issued an extra tag, they violated their quota limits. Either way, they screwed the hunters who pay their salaries.
All of the "crimes" were the total responsibility of decoy hunter Gibson. The trespassing, the killing of the potential State record sheep, and the sale of that sheep were all initiated by warden Gibson. Hell, he even tried to get Lewton to shoot the ram for him after he missed three times, which was illegal to even ask.
Lewton has done more to promote sheep hunting for the State of Montana than anyone else. And he did it for free just because he loves sheep hunting. His videos have resulted in Montana's Governor's tag fetching the highest bids in the nation.
Ironically, the sting operation shot the record ram right out from under the Governor's tag holder, who was in the immediate area.
How much more would Montana have been able to get at future auctions if the Governor's tag holder had taken a 204 ram instead of the great 195 ram he ended up settling for?
Instead of having a reputation for offering high paying Governor's tag bidders a chance at record rams, Montana now offers them a chance to be in on another CHICKENSHIT sting operation so that the local inbred outiftters and game wardens can make sure they are getting their "pound of flesh" out of the dudes.
The Montana Attorney General needs to initiate a complete investigation into this abortion of an operation and the relationship between FWP and the outfitting industry in Montana.
Hey we all love wild sheep and we all do much to promote re-introduction and management of wild sheep. What a bunch of crap! Sportmen play by the rules apply for the permits in drawings legally and then hunt wild sheep using fair chase. This whole issue is about poaching,illegal outfitting,illegal locating game animals,setting up hunts illegally,hiding evidence,etc.etc...When does the trial start?
Comment By Martha Egan, 9-04-09Gentle Readers:
This is hardly the first time that federal agents have killed big game animals in order to "save" them. See the book "A Hunt for Justice: The True Story of a Woman Undercover Wildlife Agent" by Lucinda Delany Schroeder. While somewhat self-aggrandizing, this is an interesting read about a sting in Alaska in 1992.
Yours--M. Egan
I can do one better, try 'operation falcon", where usfws used a guy from MT to help them steal falcon eggs to use in a failed sting operation that cost millions.
Comment By Kboy, 9-04-09Hey monty,
Maybe Jack and I are the only ones who actually have a knowledge of criminal justice. I'll admit I never obtained my degree in the subject but I know enough to know that whoever the dipsh!!! was who posted the agent's name (if it is his true name) has probably insured that legal staff will now subpoena this entire site's blog and each and everyone's real e-mail address will be checked out. Way to go.
Kboy check your facts again, good ol' monty didn't put his name out there, it's on another post so once again your facts are incorrect.
Comment By Kboy, 9-04-09monty - I never implied that you did. I said "whoever".
Comment By Kevin, 9-04-09Monty...I think you're right on.
Follow the money guys...follow the money. Where is the money coming from in this whole scenario? It's not going to the accused; there are dozens of hunters who will testify that every hunt Lewton accompanied did NOT pay him a dime (read the other blogs around this story, if you missed the 15 times this it's been pointed out in this thread). Every charge on the list comes down to 2 things: Outfitting without a license, and the highly questionable and easily defeatable "Trespassing" claim.
1. Outfitting without a license (Misdemeanor). The $1,000 that was paid for the pilot is the only money that has been documented changing hands...and Lewton can easily show that money was not paid to him. Charge gone.
2. Hunting without landowner permission (misdemeanor): looks like this is going to come down to heresay...maps of the area clearly show (and as posted above and on other blog discussions on the issue) that the access to the PUBLIC land they were hunting is a public road through private land. Lewton has as much right to use that access as anyone else. The only "evidence" that they crossed private property will be the FWP's testimony that Lewton "asked him if he minded Trespassing". Any 2nd year law student would have a field day using the agent's questionable judgement to discredit his reliability. I can't see this charge sticking either.
If those 2 charges are gone, this was not an illegally taken trophy and the 2 felony charges against Lewton are irrelevant.
This whole scenario is a no-win situation, and looks like the result of a political fiasco caused by the envious outfitters in the area who's undies get in a twist by a guy doing this for "Free" and taking money out of their pocket. If you don't think these outfitters and Landowners have some influence on the decisions of the FWP, you're dreaming. I think Monty's the only one involved in this discussion who's got the scenario right.
FYI - The comment period is open until Sept 28 on FWP's Bighorn Sheep Strategy Plan. Go to: http://fwp.mt.gov/wildlife/conservation/bighorn.html
Comment By Dean, 9-04-09Thanks for writing this article Allen it was very enlightening. FWP must have quite a bit of evidence on this case.This is a wake up call for hunters to report violations on the toll free number.Be sure to have a good map with you and notebook.I wonder how many other violations these people have had in the past.It will all come out in court Iam sure. Will the trial be held in Malta or Helena does anyone know? I hope soon.
Comment By Chuck Feney, 9-04-09kboy:
Your infatuation with law enforcement has resulted in you being blind as to who really committed the criminal acts in this case. FWP, using the authority of the State, attempted to "set up" three sheep fanatics because they DON'T charge to help hunters find trophy rams.
FWP has got a full blown P.R. disaster started here. You can't buy this kind of bad press.
FWP shown that it is operating for the benefit of the outfitting industry, at least some of them, in Montana. A full investigation of the FWP by the Attorney General is warranted in this case.
Kboy, you are right, you did say whoever, I apologize. Listen, I adamately support the FWP and the job they do, but mistakes are made and I firmly believe they went into this thinking they were going to find a big illegal guiding ring with a long past history, but they didn't. That is where the mistake was made. Every charge they came up with is only from this one hunt they arranged and no other charges came from any past hunts. Period. No history. I don't want to get in a pissing contest with you and Jack, there is too much facing hunters from anti's let alone fighting amongst ourselves. It just looks to me the FWP thought they had a case, set up this sting and only came away from it with this mess and no priors. The crime hear is no matter what no one wins. Even if the FWP wins they still lose from all the bad feelings and press over the big ram. If the accused win, they still lose as they have been villainized even if innocent. That's one thing that seems a shame is it says everywhere they have no past and no past charges but are marked now and if the FWP is wrong on this one, they won't admit it and vindicate their names afterwards.
Comment By Jack Atcheson Jr., 9-04-09There is a great deal of discussion and assumption on this case. One item that has been brought up is the issue of monies possibly paid making this an illegally oufitted hunt. The Montana law on illegal outfitting states that any form of consideration by a hunter to a possible unlicensed non permitted "guide" is illegal outfitting. Money is just one form of consideration. A close friend of mine that filmed hunts over 15 years ago was convicted of illegal outfitting because he took the hunters offer of covering gas, hotel and meals to be shown how to hunt the area and get a copy of the film. Of course my friend was offering this service as often as possible and had a business selling hunting videos. Nationally, the hunting film industry has requested a waiver on federal land use rules, requirmenting permits for commerical activities on federal lands. I guess the film industry thinks they are different than other business that are required to obtain a user permit, co insure the land use agency and pay a user fee to use public lands.
Comment By Dean, 9-04-09with all those BLM cops out there these days what do they actually do? Has anyone ever seen one out hunting or anywhere else? I have seen violations reported them and I am sure BLM did nothing. BLM cops cost the taxpayer a lot of money....what a waste. I know one that couldn't find the floor if he feel out of bed.I would hate to guess how many of these dead beats we have in Montana.You would think they would have been involved somehow but it doesn't seem that way.Now BLM allowed planes to land in the Missouri Breaks on selected airstrips. What a great deal for illegal outfitters to fly and spot game.Did these use a BLM airstrip?When's the trial and where?
Comment By monty, 9-04-09Jack, I'm sorry as I don't know the exact particulars or if it was for this "hunt" but from checking John Lewton is the only person to ever buy one of those permits to film in the breaks. Jack you are respected in the hunting and sheep world and come from a proud name but just step outside your interest in this and keep an open mind, this could happen to anyone who takes another hunting. Technicalities are the only charges filed in this investigation. It could happen to anyone.
Comment By Mad, 9-04-09Jim Krop once said, "Wardens can say anything they want."
It looks like we might see if this is in fact true.
I don't think the law will agree.
Technicalities?? Looks like a 4 year investigation into this illegal operation to me. Why protect the violators and place the blame on the investigators? This whole caper was planned out well in advance and it backfired. I wonder how many other illegal capers were done with the same players over the years. When will the trial(s) be held and where? I would like to be there and see what the accused has to say and evidence presented in court. I hope we have a tough Judge as well. When and whereis the trial. Thanks for the new information Jack Jr. I never thought of that one.
Comment By Jack Atcheson Jr., 9-04-09Here's how a legal guided hunt would occur in this particular area. First the client places a down payment on the services agreed upon. The outfitter files an estimated use report with the BLM and pays a deposit on the estimated use based at 3% of the gross price of the hunt. The outfiiter can use state land in the area if he has the commerial use permit in all the state section he might need. The permit is generally valid for 5 or more year, he pays a yearly user fee for this as well. If the state land is leased by another outfitter he can't use it with out an agreement and likely more money in a user fee. Then you cover the landowners that might allow you to use their lands and you insure all the agencies and landowners and provide the board of outfitters with proof of insurance, we all know the price of liaibility insurance. Now if you are going to use a boat on the Missouri you need a Coast Guard permit, more paper work and user fees likely, add additional coverage for insurance. Now all the money has to go direct to the outfitter and if a guide or someone to film/guide/pack is involved for the hunt then the outfitter pays that person as an employee, meaning unemployment insurance, workmans comp, fed and state taxes all deducted. Then at the end of the hunt the actual use report is filed and the correct percentage paid. When you check the ram in with F&G;the transport permit asks if you were outfited and the outfitters name.
It is real hard to be an outfitter in any sheep area of Montana as demand is so low and perhaps their are only 2-3 hunters a year at hire a outfitter in the breaks. Then the ram swins the river and goes into an area you are not permitted in. There are 6-7 legally licensed outfitters in this area.
The government has been successfully pulling this crap on bikers for years. Now they're targeting other fringe segments (hunters) of the population. Who's next?
Comment By Dean, 9-05-09For those that apply for a wild sheep permit in the drawing and play by the rules this is sickening.That ram could have been taken by a sportsman in a fair chase hunt and this sting operation was good afterall that is one more poaching ring we don't have to worry about.Wild sheep in Montana is a limited resource and sportmen that truly want wild sheep and repect wild sheep should be outraged over this.Selfish greed and profit played a role in this caper and little repect for wild sheep.With the upcoming hunting season hunters should report illegal activities to FWP and other authorities.
Who's airplane was used here?Who was the pilot? Did they use the BLM airstrips in 680 where BLM closed most of the roads and side roads to the hunter? BLM created a situation down there that was inviting to illegal operations with planes and spotting game.All of this evidence should be interesting at the trial.When and where is the trial?
Dean,
The only thing you will find interesting is the underhandedness of the FWP. Nobody is in trouble for flying so you can stop worrying about that. What needs to be done is make all sheep outfitting illegal in that area. Problem solved.
No, the problem is we all must follow the laws that is why we have them.Flying below 500 feet to spot and classify game except for FWP is also illegal. It was the sportsmen who paid to have the wild sheep introduced into the Missouri Breaks with the financial assistance of the Foundation For N.A. Wild Sheep.Wild sheep must be managed and laws followed to assist management. Are you advocating it's ok to run a poaching operation rather it be wild sheep,elk ,deer, moose,etc.?FWP has cleaned up a number of these operations over the years we all know more are out there.FWP was not working against the law bidding hunter in my view.They should all have been arrested without shooting the ram however. We should all wait for the trial and evidence to be presented. This all should make other illegal operations a little nervous. I would not classify them as "hunters" or put them in the same catagory as "hunters'. These are poachers and law breakers that fianally got caught admit it. I would like to hear from the pilot at the trial.What was said and who said it? Close those airstrips in 680 and the breaks. When is the trial and all 'evidence' presented? FWP has the 'evidence' for the trial not us.
Comment By Shane, 9-05-09How are they poachers? No money was paid and they were packing cameras not guns.
Comment By Shane, 9-05-09Someone wrote that Lewton had been investigated for four years and in that time they found nothing? Why would they continue if this is true. FWP should not have went this far. They shoud drop this one now. Too many holes in it. These guys are not out breaking laws, their just doing what they love to do, and it seems like they are pretty goood at it. Drop it now this is another waste of time and money.
Comment By Dean, 9-05-09Drop it??? That is the decision of the Judge after all evidence is presented in a court of law!
Comment By bearbait, 9-05-09It appears that the consensus is that those things dangling on the other end from the big horns are not the only sheep nuts, and FWP has nuts, too, but they are in law enforcement. Who'd a ever figgered?
Comment By Dean, 9-05-09When and where will the trial be? Does anyone know? All the evidence will be presented in this case there.
Comment By Jack, 9-05-09Since this all happened on federal lands it would appear the federal prosecuters will become involved.That being said the trial maybe held in federal court in Billings, Dean. BLM and perhaps the CMR lands were flown,there are state sections there as well. The pilot will have to testify on all that. Wonder if the plane was confiscated as well and wonder where the plane was flown out of. I guess we will all find out sooner or later.
Comment By monty, 9-06-09Guys, read this again and look in all the papers "NO CHARGES WERE FILED CONCERNING THE AIRPLANE"! Because it was a week before season and not illegal! The sheep was then found on foot a week later. The only charge the FWP filed that MIGHT have been committed by the accused is tresspassing by riding across a private road to public land. Then the hunt was conducted on foot.
The other crime was committed by the FWP officer to implicate the accused and make the felony charge.
I know a man who witnessed a wreck and while the rest of the crowd stood there, he gave CPR to the bloodied, dieing, man. I know a man who was leaving work, witnessed a head on collision and crawled in the wreckage to hold a 90 year old man’s head as he struggled for breath and died. I know a man who crawled into an overturned semi with downed power lines laying across it and diesel fuel spilling into it to free the trapped driver with internal injuries. This is all the same man. He is not an EMT or a paramedic, but a hunter. He is a great husband, devoted father, and always the first to help a neighbor, friend, or even a stranger in need. He belongs to numerous wild life conservation and hunting organizations and attends many of their fundraisers each year. His name is James Reed and he is one of the accused being villianized in this case. I feel fortunate to know him and have him as my neighbor.
Comment By Mtdream, 9-08-09Wow, lots of junior achiever prosecutors on here...regardless of your view on hunting, we should ALL be appalled by this act of "justice"
First year students are taught two simple phrases that are being neglected here...“actus reus” and a “mens rea"...
If there was not a bad action taken (actus reus) and no "intent act" to commit a crime then there is no case here...if no case, then no provable act...remember the burden of proof is on the "State" to prove...
My understanding of the facts is pretty limited...something that does not separate me from anyother person on this thread of opinions...
Lastly, I am a crazy who enjoys taking others out, and have helped others get elk before, and I have taken NO money for doing so...In fact this year, I am taking several people out, and I wont (probably) even bring my bow along...I just love getting out and getting away...I have been told by FWP that if they even buy me a dinner, then I am taking money for guiding...that is insanity, but it is what they say, and I will not even let FRIENDS buy me dinner while out, as I do NOT want to be labeled a criminal for having dinner with friends...seems a little but arbitrary and capricious at best...
That sounds so lovely. No more 'stick and release'! Lovely and dinner to all for free....lovely just lovely.Sounds like Jimmie Carter.
Comment By Mtdream, 9-08-09Jack,
not sure if your comments are towards me or not...
"By Jack, 9-03-09
It's difficult for me to understand how some readers are trying to support the poachers and all the illegal tactics used to locate the ram.We should be supporting the laws be followed. I wonder how many other Montana trophies were shipped out of Montana in the past and violated the Lacy Act a federal law.Entrapment doesn't seem to enter this case at all. The poachers were caught and one is a taxidermist. When will the trial start and all evidence presented in a court trial?"
Perhaps you would like to detail the illegal acts for us?
Perhaps you would like to detail how the Lacy Act even comes into play here...
Here are the only facts I know of...
Flying to locate game- A person (undercover agent) paid for a guy to fly over land looking for a sheep...this is not illegal...Had they hunted within 24 hours of doing the flyover, then it would have been illegal...but the facts are not in dispute, it was NOT within 24 hours...
Tresspass- Did they illegally cross private land? There is a lot of doubt and confusion on teh forums as to whether they actually crossed private land illegally...in fact one of the threads says the road they used was crossing private land but was a public access road...
Illegal possession of game animal- Supposedly the felony they are going after is "for possessing and illegally taken animal" Here is where the Lacey act might apply, however, there is that nasty little fact the person shooting the animal had a "legally obtained" tag, or portrayed that their tag was illegally obtained...
Not you at all this whole episode is sickening and a bad mark for sport hunting. I have seen and heard enough of all this. It's up to the courts now I guess.
Comment By bob jackson, 9-08-09I have been reading this thread but didn't want to break the flow of it by commenting. From a law enforcement perspective I'd have to say there is a lot more going on behind the "lines" than what is commented on and known so far. For one, if these folks being charged DID "assist" various governors hunt winners in the past then there are a LOT of politics involved. Who is being interviewed from these high rollers can have very serious ramifications and consequences. Rest assured the governor of Montana was briefed before any charges were filed...or before much of any high roller confessions were extracted.
If there is found to be a pattern of illegal activity with "guiding" these former governors winners then it is going to give the whole fat cat bidding process a bad name. Thus, how far the G&F;wanted to pry was probably tempered by this knowledge...even though showing past patterns of abuse could definitely help G&F;in this case.
Thus, whomever the defending lawyer is will probably get his best leverage from pushing disclosure of ALL G&F;interviews of these hunters. Imminities could have been given for info...but the question is how much does the system want to show by obtaining info that needs to allow for immunity? If the defense is willing to push the political angle they might find out any past hesitancies by G&F;to do their job in this case. Plea bargins and dropped charges then have more posibility.
On the other hand, the state, I'm sure, had a lot of pressure from the outfitter association to go after "scab outfitters". Where I patrolled out of, the SE corner of Yellowstone, there was so much of this pressure the Wyoming governor apppointed and hired two deputies, badges, guns and all, to keep on top of all the complaints of this "illegal" activity by the states outfitters.
What these three MT. private "hunters" were doing to "assist" trophy ram hunters would have been on par with demands for charges by licensed outfitters in Wyoming.
But even with all these outfitter complaints, what info tips and assistance outfitters give the governors hired guns is mostly limited to basic illegal economic "payments" to unlicensed "outfitters".
What J. Achenson Jr. gave as his explaination of outfitter license requirements is what is always given on the surface. Below the water is what all of them know is a lot more .... what most all outfitters do to make it financially...and a lot of this stuff is illegal or at best unethical. For outfitters to give the state all of what they know happened behind the scenes on this case then means all of they themselves have to be scrutinized.
Do you think the G&F;asked the "respected sheep world" and "proud family", A. Jr., as Monty says he is, what all this meant to have three guys assisting this hunter get his ram? Are they going to be told that as soon as that plane spotted the big ram the hunt started...that assumed ram ownership by this group meant there was someone immediately keeping tabs on this ram and keeping others away? That there was a lot of two way traffic from the beginning? That this ram was probably herded to the hunter without him even knowing it...that probably illegal Brown-Brown (mineral salt and molasses) had been placed by these individuals in places so THEY could keep track of this sheep, but also make it harder for others to spot this ram ....long before this plane flew?
You see there is an inside world out there with outfitters and it is club inclusive. Thus, even though a sheep outfitter like Jr. knows every move by everyone of these guys he won't say it. To do so in too many cases gives away the way sheep outfitters operate.
And by Jr. noting that even with all the work the outfitter put into getting that ram into position for the shot 'he still swims the river to protected ground" means only one thing...the outfitter will do about everything but pull the trigger, if possible. I guarentee if the ram is big enough, the ram that swam the river doesn't just get a free pass. The boys are over on the other side trying to herd him back.
What else do "honest outfitters" do but won't describe on these pages? In my country most guides were not paid employees. The outfitter tried to figure ever way possible to classify them as independent contractors . This means there is no insurance and compensation to pay out. Tell a local he can hunt for himself out of their camp if he guides the camps hunters for two weeks....or give compensation in the form of horses, tack etc.
In print it may be so sad song to say what all licensed outfitters have to go through, but on the ground the word of the day in outfitter camps is CHEAP!!
Don't think most every outfitter out there knows how a guy from Rexburg got compensated...but for them to tell G&F;means they themselves gets looked into.
Do you think any sheep outfitter is going to tip off the G&F;about whether the scab obtained a spike camp permit? No, because they themselves don't...or if they do they get one in another locality than the area intended to be hunted. Why? Because spike camps are real close to where the outfitter hunts for that big sheep. To give the true location gives away to other outfitters, or worse yet private sheep hunters, to where the sheep are.
And when it is said there are only 2-3 guided sheep hunts per year in Montana tells me there are a lot of hunts out there in Montana designed to not pay the FS or BLM that 3 per cent. In my area alone just one outfitter had 2-4 sheep hunts booked per fall...year after year.
And finally what about our taxidermist? He also knows all the games by all the "legit" outfitters...the ones out there supposedly wanting to nail him. But taxidermists, especialy on the high end of things, are very dependent on referrals to these fat cats. Rock the boat too much and the heads stop coming in. So you see it is a lot like the Mafia, your son may get murdered but you are not going to tell the law dogs who did it.
I perdict there will be a lot of questions left unanswered in this case. The status quo will be put back to order and all will be well with little real damage to anyone.....unless there is a wild card thrown in. Who knows...there might be someone out there spill the beans on the whole game...then everybody gets really bruised.
To start one, how many of you outfitters and guides put down on your applications you have a past game violation on your records? What if you are going to some foreign country...like lets say Mongolia? Are you going to say you got caught poaching? Or just continue paying the bribes?
romors has it that undercover agent Justin Gibson is a new game warden in Whitehall......wonder if he will get another bighorn sheep tag....
Comment By Dean, 9-09-09Maybe he will manage the new FWP Taxidermy there after the trial!
Comment By Jeff, 9-09-09Maybe the FWP will have a lotery drawing to see whose office gets to have the sheep hung in ????
Comment By Mtdream, 9-10-09Bob,
The problem for a lt of us, is the heavy handed approach taken by FWP...I have a tremendous amount of friends that are FWP...it is something I have chatted with them about...
For some of them, there is a switch that turns on, that they believe all hunters are guilty, and it is their job to find out what the hunter is guilty of...
It is sad...I have very little vacation time because of work, and truly enjoy the woods, and my time in them...I love taking other people, and helping teach them about elk hunting, and what to and not to do...
However, I am appalled to be treated as a criminal for doing so...I got to extreme lengths to ensure that I do NOTHING wrong...Yet there are certain FWP that get over zealous assuming that the majority or even a large minority are criminals wanting to get one over on the law...
To me, that is the core issue here...There is a mindset that people (and I know NOTHING about this Leyton guy) are always trying to get away with something, or that most or a lot of hunters dont help with good motives...I cant speak for Leyton or others, all i can speak to is myself...
I pay for all my horses & hay
I pay for my gas to and from the hunting area
I pay for all food while in camp
I am the one not at work (where I get paid)
...and yet if a buddy buys me a coke while we are headed back into camp from taking an animal in to the processor, I am guilty of guiding?
doesnt that seem ridiculous? It does to me, and I have had several friends tell me I am an idiot for refusing to let them buy me a coke...Several times I have had to hide money in their bag just so I knew I did not take ANY money from them...
I get there are bad apples out there...it is part of life, but the majority of us are not them apples...my plea is to not assume I am before you know...
which is the same plea most are reacting to on here about Leyton...the evidence leaked or shared has some serious gaps in it, and we can only address that which we have visibility to...
Well said mtdream, it's nice to see there are others who like I, also take people for ,God forbid, FREE just like the accused, taking away my personal hunting time to help others. There is great personal fulfillment in that yet some of it is taken away as you constantly have to worry over the same thing that's happening to these guys happening to you. These guys never were charged or even accused of taking extra animals, animals without proper tags, or any other charge stemming from previous hunts. Years of them investigated by the FWP. They are accused of what many if not all of us have done, helping a sopposed fellow hunter. They are not poachers as Jack Jr keeps throwing out . Not one more sheep died as a result of them helping hunters who had tags, maybe the quality of the rams taken was better but what or who does that hurt other than the outfitters who, if they were doing a good job, would already have their hunters on a good ram. On one blog a landowner/outfitter said "he knew that sheep was there and was darn proud of him". Does anyone truly believe if an outfitter who makes his living guiding sheep hunters knew a 204 inch ram was around wouldn't be trying to capitalize on it?! If you had a tag and a guy told you he knew the area and could get you a great ram for free or go with an outfitter for $11,000 dollars that has limited knowledge of the sheep in the area, who would you go with? I have been to the FNAWS(now Wild Sheep) show many years including this past one in February 2009. Many years, INCLUDING this year the MT FWP had a huge poster of John Lewton with a big ram. Even after this "sting", after the search warrants, etc the FWP was still using Lewton's photo to promote their sheep program! So where do you think all these big Gov tag buyers get his name? Doesn't this seem a little hypocritical or just plain wrong to use a guys photo to propagate your big sheep, even as you are trying to bust him for helping with taking big sheep?
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