From Kansas Wildlife, Parks & Tourism:

SHARON MAN SENTENCED TO PRISON FOR POACHING 60 DEER

MEDICINE LODGE, KANSAS – John Blick, Jr. of Sharon, Kansas appeared in Barber County District Court on November 4, 2020. In the one hundred thirty-nine (139) count Complaint, Blick was found guilty of the illegal hunting and poaching of sixty (60) whitetail and mule deer, and being a felon in possession of a firearm during the commission of those crimes.

District Judge Frank Meisenheimer sentenced Blick to serve fourteen (14) months in prison. After Blick completes his prison sentence, he will be on Post-Release Supervision for at least twelve (12) months with the Kansas Department of Corrections. As part of the felony sentence, Blick was assessed three hundred ten thousand two hundred thirty-four dollars and sixty-eight cents ($310,234.68) in restitution that is owed to the Kansas Department of Wildlife, Parks and Tourism for the value of the deer killed.

These cases were the result of a multi-year investigation by Game Wardens Jason Harrold, Scott Stoughton and K9 Officer Gypsy of the Kansas Department of Wildlife, Parks and Tourism. The criminal case was prosecuted by Barber County Attorney Gaten Wood. Additionally Blick was charged and plead guilty to 33 misdemeanors in Harper county and was fined an additional $15,000 worth of fines with Restitutions amount ordered of $17,407.04 for the 3 trophy deer that he killed in Harper Co in 2019 and also the forfeiture of his hunting privileges for 5 years from the date of his conviction.

The criminal case was prosecuted by Harper County Attorney Richard Raleigh. In both counties the charges pled guilty to included numerous counts of Criminal Hunting, Hunting with Aid of a motor vehicle, Criminal discharge of a firearm, Felon on possession of a firearm, Fail to purchase or to tag deer, Exceed bag limits, Hunt with Artificial light, Hunting without a valid license and take Trophy deer illegally. The deer heads will be destroyed in pursuant with 32-1047. All equipment and firearms seized is ordered to be forfeited to the state of Kansas.

KDWPT would like to thank Anthony PD Officer Becky Mendoza, the Barber County Sheriff’s office, and the numerous individuals in Barber and Harper County’s whom provided the much needed information over the years in helping bring this individual to justice. The information provided and discovered during the course of the investigation will possibly lead to future prosecutions of other wildlife violators.

Glad he was busted!

However, am I mistaken in that a Felon with a gun can receive up to 10 Years Federal time, over and above the other crimes?

Plus, up to 10 Years per bullet in their possession?

Why not hit him with those as well?

quote:

Originally posted by k-22hornet.:
Glad he was busted!

However, am I mistaken in that a Felon with a gun can receive up to 10 Years Federal time, over and above the other crimes?

Plus, up to 10 Years per bullet in their possession?

Why not hit him with those as well?

Most likely to get a plea bargain out of him.

It appears to qualify under Federal statute, it must include all three elements, so the felon must cross state lines. See Element C

QUICK REFERENCE TO FEDERAL FIREARMS LAWS

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:

18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

Elements:

A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories:

Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.);

Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs and/or subject claims drugs were possessed for personal use.);

Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.);

Is subject to a domestic restraining order - (The order must prohibit contact with an intimate partner, or child of the subject, and must have been issued only after a hearing of which the subject was notified and at which the subject had an opportunity to participate. The order must also find the subject poses a threat to the physical safety of the intimate partner or child or must prohibit the use, threatened use or attempted use of physical force.);

Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or threatened use of a deadly weapon against a present or former spouse or partner or child or guardian of any such person. The subject must have been entitled to a jury trial and been represented by counsel in the prior proceeding or be shown to have waived those rights.);

Fugitive from justice - (Fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding.); or Dishonorably discharged from the military; AND

C. The firearm or ammunition was transported across a state line at any time.

The article said he lost hunting privileges for 5 years. He should have lost them for life in all states.

quote:

Originally posted by RCG:
The article said he lost hunting privileges for 5 years. He should have lost them for life in all states.

Apparently under Kansas law, 5 yrs. is the max for hunting privilege suspensions. The 5 yr. will apply to all states within the compact.

(3) Upon the third or a subsequent such conviction, the court shall order forfeiture of the person's hunting privileges for five years from the date of conviction and: (A) Revocation of the person's hunting license, unless such license is a lifetime hunting license; or (B) if the person possesses a lifetime hunting license, suspension of such license for five years from the date of conviction.

The original post said he did not have a license to hunt in the first place, so I doubt he'll lose any sleep over a five year suspension...

Well at least he has to pay a serious fine for it. Hopefully his attorney's don't weasel a way to reduce the fines in the future.

I hope he actually goes to prison.

This is the KS law that the restitution is based on:

b) (1) In addition to any other penalty prescribed by law, the unlawful intentional taking of a trophy big game animal shall be punishable by a fine of not less than $5,000. (2) A trophy big game animal shall include any animal meeting the following criteria: (A) An antlered whitetail deer having an inside spread measurement of at least 16 inches; (B) an antlered mule deer having an inside spread measurement of at least 20 inches; (C) an antlered elk having at least six points on one antler; or (D) an antelope having at least one horn greater than 14 inches in length. (3) In addition to any other penalty prescribed by law, the defendant shall pay the restitution value of any deer, elk or antelope taken in violation of K.S.A. 32-1001, 32-1002, 32-1003, 32-1004, 32-1005 or 32-1013, and amendments thereto, with a gross score of more than 125 inches for deer, 250 inches for elk and 75 inches for antelope. Such restitution value shall be in an amount not less than the value prescribed for such animal in K.S.A. 32-1005, and amendments thereto. The restitution value for deer shall equal: (gross score - 100)² x $2. The restitution value for elk shall equal: (gross score - 200)2 x $2. The restitution value for antelope shall equal: (gross score - 40)2 x $2. The gross score shall be determined by taking measurements as provided by rules and regulations of the secretary, which shall be made to the nearest 1/8 of an inch using a 1/4 inch wide flexible steel tape. All restitution collected pursuant to this subparagraph shall be paid into the state treasury and shall be credited to the wildlife fee fund created by K.S.A. 32-990, and amendments thereto. (4) Antlers or horns may be measured pursuant to the manner described in subsection (b)(3) at any time; no drying time is required.

quote:

Originally posted by RCG:
The article said he lost hunting privileges for 5 years. He should have lost them for life in all states.

That was my thought as well.