204 inch ram!





Although the state of Montana has struck out in three separate prosecutions in a 2008 illegal outfitting case, the attorney general’s office will still go to bat one more time in March.

James Reed of Rexburg, Idaho, is the last defendant remaining to be tried in a 2008 Montana Fish, Wildlife and Parks undercover sting operation. Reed’s case goes to trial in Chouteau County Justice Court in Fort Benton on March 8.

Reed, director of sales and licensing for Sports Afield magazine, was initially charged with two misdemeanor counts of hunting without landowner permission, one count of outfitting without a license and one felony count of unlawful possession of a game animal for taking part in the hunt. Those charges have now been amended to one misdemeanor count of illegally using a two-way radio during the hunt.

Charging documents say Reed used a walkie-talkie from a vantage point in the Missouri River Breaks to guide undercover warden Justin Gibson to a trophy bighorn ram that was eventually shot by Gibson in September 2008.

So far, though, the state has been unable to make its charges stick.

The third and latest not-guilty verdict in the case came in the November trial of Blake Trangmoe, a Glendive-area rancher and Alaska hunting outfitter. Trangmoe had been charged with hunting without landowner permission and illegal use of a two-way radio by accountability in the hunting of the bighorn ram. A Chouteau County jury found him not guilty. His charges had also been amended from the initial filings, which included a felony count.

Trangmoe said the charges kept him from booking $500,000 worth of hunts in Alaska for the past three years and cost him $42,000 in legal fees to fight the $500 fine associated with the misdemeanor charge.

“They were going after our livelihood,” Trangmoe said. “We had no other choice but to fight them all the way.”

If Trangmoe had lost the case, he would have also lost his hunting privileges in Montana and his guide’s license in Alaska, he said.

Some history

The bighorn ram at the center of the charges was shot by FWP warden Justin Gibson while he was hunting under an alias in an undercover operation targeting Whitehall filmmaker and taxidermist John Lewton. Lewton, who has filmed bighorn sheep hunts across Montana, was being investigated for illegal outfitting. FWP charged that he was guiding hunters to the rams that were shot as the hunts were filmed.

In two separate jury trials in 2010 — one in Chouteau and one in Jefferson county — Lewton was found not guilty of illegal outfitting and not guilty of the illegal purchase of the bighorn ram’s head and horns from Gibson for $5,000.

Lewton and Trangmoe’s Whitehall attorney, Jack Morris, said the three not-guilty verdicts “speak for themselves.”

Public weighed in

The initial FWP investigation generated a firestorm of public complaints targeted at the agency for giving one of the state’s hard-to-draw bighorn ram tags to a warden who was undercover. Warden Gibson eventually shot the ram after twice purposefully missing. When later measured, the ram’s horns reportedly set a new state record, scoring more than 204 points under the Boone and Crockett measuring system. The state record bighorn sheep measured 204 7/8 inches and was shot in 1993.

As proof of how hard a bighorn sheep tag is to draw, in 2009 — the latest year in which drawing statistics were available online — almost 24,000 hunters applied for bighorn sheep tags and only 515 were successful — or less than 3 percent.

Lewton has filed a civil lawsuit in Lewis and Clark County District Court against FWP to force the agency to return the bighorn sheep head, cape and horns that he purchased from Gibson, claiming that they were legally bought.

“We believe we have an enforceable civil contract,” Morris said.

Lewton’s legal troubles continued in May when he was found guilty in U.S. District Court in Great Falls of filming a bighorn sheep hunt on national forest land in the Rock Creek drainage near Missoula without a permit. During sentencing in July he was fined $5,000, $2,000 of which was deferred, given one year of probation and is not allowed to film on federal government land. Morris said the ruling is being appealed, arguing that no filming was done, only still photos were taken.

Morris pointed to a similar case in which the filmmaker for a program on the state’s game wardens was fined for not having permits on federal lands.

“He got off with a ($1,050) fine for two counts,” Morris said. “I don’t think they mete out justice the same.”

Interesting case, but i am curious as to why the folks were not arreested and charges filed after the first "miss"? That should have been evidence enough that illegal activity was going on. IMO, I think someone was over zealous in their handling of this case. Waiting to make sure an animal was killed seems to be a case of baiting.

I agree, many Montanans argue the same point. Why did he have to shoot and kill it? Makes one wonder about egos and such when a huge trophy like that is at stake. The LEO might have known this was his only chance in a lifetime.

NEVER, EVER, trust or believe anything to do with local/federal Game & Fish officials - period! JMO.

The only charges here should be against the Warden. What the hell did he have to shoot the ram for. All the charges they filed could of proceeded with no animal being killed. Just don't get it. Could ended with "damn I must of banged my scope somehow" One more thing that makes me realize my dislike distrust of Wardens is justified.

I am assuming that this is a cut and paste of a media article.

I always ask people to consider the following:

When you read media articles about events or subjects that you either a) have first hand knowledge of the event or b)extensive knowledge of the subject: what percentage accuracy do you typically find in the media article.

Me personally, 50% at best.

Why is it then when we read media articles where we have zero first had knowledge of the actual facts, do most people assume that the article is close to 100% accurate?

For example many things don't make sense...if this warden was motivated to take this trophy personally - why would he purposefully miss twice?

Also, he may have been directed to by the AG's office to make sure he killed a sheep so they had a solid case and various charges. There may be different and more serious charges when an animal is actually taken.

Is buying and selling of unfinished trophies a separate offense...was that part of the sting? if that is the case, he had to kill something and sell it for that crime to occur.

I doubt there is anyway this Warden was going to ever get to keep anything he shot (and I bet he knew that) because a) first it is evidence of a crime and would be in court for awhile and b)he shot this in the performance of his duties. That trophy probably belongs to the state and will end up in a museum.

I am having difficulty imagining anybody thinking its "bragging rights" to say....Hey I shot the state record during an undercover sting operation regarding illegal guided hunting.

I have no idea what all or any of the facts are...but I disbelieve the media more than anyone.

We, as a people, have given far too much power to some agencies, especially the Feds who operate without ANY repercussions. The Feds will ruin your life for non-violent crimes.....and they overcharge enormously in every case to force people to plea. Hardened, violent repeat offenders walk the street all over our country, but these bastards are hell bent on ruining the lives of many who just don't deserve it.

As AN said above, stay out of their way and always be suspicious of their motives. This case is a joke.....and a massive waste of resources.

There is not enough information here to make a judgement. As Mike said, information provided appears to be cut and paste from a more complete story.

I don't believe the problem is at the field level but in mid level management. Someone trying to make a name for themselves or even anti hunter types.

My real concern is the US Forest Service and BLM. These agencies appear to have the mindset of protecting the land by keeping the folks out.

It really doesn't matter whether all the information is presented or correct.

There was enough evidence to file charges and make a case when the first "Miss" took place, that is what is so fishy about the whole situation to me.

Why was nothing done until AFTER a kill was made???

MikeD,

I partially agree with your post about "truth in media" but think that, unless you know the game warden personally, you may be giving him more credit than he deserves. Who's to say that he really "purposely missed twice" before finally "having" to shoot that ram? Him? Maybe he just missed! I agree with others here that I probably distrust game wardens more than most other Gov't employees, they aren't above the antics anyone else is capable of, and probably more immune to the aftershock than most.

As to his not being able to brag about that trophy because it was shot in an investigative sting, who's to say that's the story that would ever be told? Again, you may be giving him a lot more credit than he deserves. I've looked at a lot of elk, deer, and other trophies of people I've met, heard a great story from them, and found out later that they were from small "put and take" operations, and not the big "hunt" they were represented to be.

Just another consideration, another way of looking at this situation. I really disagree with the state and the warden taking such a valuable resource, but especially on such a weak and apparently contrived case. Usually such an operation, run properly, results in a much stronger case and real convictions. Sounds like this is possibly harassment going on against these folks, especially since they're 0-3 on convictions, even with greatly reduced charges. They ought to have their jobs jerked out from underneath them for such antics, instead of the public continuing to foot the bill on any whim of theirs.

CHC,

Neither you or I know:

1. exactly what kind of case they were trying to make

2. what statutes they were going after

3. what are the elements of those statutes

4. what the recent case law is related to those statutes

Now it would seem reasonable that some law was broken as soon as the hunt started; but maybe the local court won't even bother with a case of unauthorized outfitting unless an animal is actually taken.

Could be a dozen issues we are unaware of.

We can speculate all we want with what is likely less than 50% of the relevant info...but it is just that...speculation.

Aggie,

I give nobody credit...cause nobody is smarter than me...

Glad your so proud of your intelligence, but I seriously doubt that an animal had to be killed for a case to be made. Yes neither of us nor anyone else commenting knows anything for certain about this case, but that does not mean that any of us or all of us are automatically wrong with our opinions does it?

quote:

Originally posted by Aaron Neilson:
NEVER, EVER, trust or believe anything to do with local/federal Game & Fish officials - period! JMO.

This is a FACT!

Well, if he purposely missed twice, then he must have thought the simple act of hunting the animal was enough to prosecute, if he intentionally missed the only goal could be to chase the animal off and then prosecute on the witnessed acts. So then what, he received top secret communications from FWP to go ahead and kill the animal in order to prosecute??? No, I figure the guy had his once in a lifetime chance to shoot a magnificent ram and he took it, he just happened to be a shit shot. The only thing I need to see in this article is that after multiple prosecutions all have been acquitted, that speaks volumes.

quote:

Originally posted by jcarr:
Well, if he purposely missed twice, then he must have thought the simple act of hunting the animal was enough to prosecute, if he intentionally missed the only goal could be to chase the animal off and then prosecute on the witnessed acts. So then what, he received top secret communications from FWP to go ahead and kill the animal in order to prosecute??? No, I figure the guy had his once in a lifetime chance to shoot a magnificent ram and he took it, he just happened to be a shit shot. The only thing I need to see in this article is that after multiple prosecutions all have been acquitted, that speaks volumes.

+1

quote:

Originally posted by jcarr:
Well, if he purposely missed twice, then he must have thought the simple act of hunting the animal was enough to prosecute, if he intentionally missed the only goal could be to chase the animal off and then prosecute on the witnessed acts. So then what, he received top secret communications from FWP to go ahead and kill the animal in order to prosecute??? No, I figure the guy had his once in a lifetime chance to shoot a magnificent ram and he took it, he just happened to be a shit shot. The only thing I need to see in this article is that after multiple prosecutions all have been acquitted, that speaks volumes.

Jcarr:

Not to steal the thread, but how big is that blesbok? He looks like a giant in that photo.

I do not know for fact but I heard that the shots, misses, were on seperate days. If this is so then after each days hunt there could have been contact between the warden and those running the case. That said if they are all being found not guilty by jury trials then the jurers must not like the goverments case.

quote:

Originally posted by AnotherAZWriter:Jcarr:

Not to steal the thread, but how big is that blesbok? He looks like a giant in that photo.

Never put a tape on him, of the three of ours on that trip mine was only slightly larger than the other two, but honestly I have always thought he was average. But my PH was a hell of a photographer.

quote:

Originally posted by jcarr:

quote:

Originally posted by AnotherAZWriter:Jcarr:

Not to steal the thread, but how big is that blesbok? He looks like a giant in that photo.

Never put a tape on him, of the three of ours on that trip mine was only slightly larger than the other two, but honestly I have always thought he was average. But my PH was a hell of a photographer.

He looks a lot bigger than mine!