Thursday, March 12, 2009 8:34 PM MDT

A southwestern Montana man soon will begin a four-year prison term for breaking firearms and wildlife laws when he shot an elk and dragged its head to his pickup inside Yellowstone National Park, according to the 10th U.S. Circuit Court of Appeals.

Michael David Belderrain killed the animal -- described as "a beautiful, wonderful elk" -- in Gallatin County, Mont., on Dec. 14, 2005. He was indicted in March 2007, pleaded guilty and apologized for his actions in August, and was sentenced on Feb. 26, 2008, by Chief U.S. District Court Judge William Downes in Casper.

Besides the 48 months for being a felon in possession of a firearm, and 12 months for two game violations -- all to be served concurrently -- Downes ordered Belderrain to pay $6,000 in restitution to the Yellowstone National Park Service Restitution Fund, plus a $1,000 fine and a $150 special assessment.

During the sentencing last year, Downes recounted Belderrain's criminal history involving firearms, illegal outfitting operations, alcohol-related crimes and violence. Downes also said the case underscored the reason to keep loaded weapons out of national parks.

Belderrain, of Whitehall, Mont., filed an appeal to the 10th U.S. Circuit Court of Appeals in Denver in March 2008.

The appeal was not initially about the Yellowstone Park incident, but related anyway, according to the 10th Circuit's order of Jan. 29 upholding the Wyoming court's decision.

In March 2006, Belderrain pleaded guilty in state court in Montana to possessing an illegally taken elk shot in the Buffalo Horn Drainage northwest of Yellowstone. That plea agreement granted Belderrain immunity from further federal and state prosecution unless any new information surfaced.

At the time of this plea, the government knew an elk head was located in a local taxidermist's shop in January 2006, and Belderrain and others said this was from the elk killed in the Buffalo Horn Drainage. That carcass was never found. The government also knew of the discovery of a headless elk carcass found near Yellowstone in 2005, according to the order.

In his appeal, Belderrain argued the federal government should have known this head was from the elk taken near Yellowstone. He said this information was not new and therefore covered under his plea agreement barring any new federal prosecution, including prosecution in Wyoming, according to his appeal.

Belderrain did not indicate he was responsible for the killing of the elk near Yellowstone, and the government did not learn of the Yellowstone killing until after his plea agreement in Montana, according to the circuit court.

"However, particularly in light of the fact that his lies regarding the source of the elk head led the government to believe it came from another location, we are convinced that Defendant's involvement with the Yellowstone poaching was not information held by the government at the time he entered into the Montana plea agreement," according to the circuit court judges.

Belderrain, whose telephone number could not be found, will report to a federal prison on March 23.

quote:

Belderrain, whose telephone number could not be found, will report to a federal prison on March 23.

Do you think he'll show up?
This guy sounds like a real piece of work, I imagine some of the details of his priors would be interesting even though inadmissable in court, behind bars is the right place for him.

Thanks for posting that kudu.

Too bad the sentences weren't consecutive.

quote:

Do you think he'll show up?
This guy sounds like a real piece of work, I imagine some of the details of his priors would be interesting even though inadmissable in court, behind bars is the right place for him.

I hope so! I think they will go after him if he doesn't. I wonder how much he never got caught doing in the past? I think that is the same judge that tried to stop the reintroduction of the wolves back in the late 90's!

Here is another one! I need to read the Billings paper more often.


Poplar police chief charged with 8 felony hunting violations
By GREG TUTTLE
Of The Gazette Staff

Poplar Police Chief Chad Hilde has been charged in state District Court with eight felony charges related to the alleged killing of four moose on the Fort Peck Reservation.

The charges were filed Wednesday in Roosevelt County District Court. Hilde was given a notice to appear for arraignment on March 25 at 11 a.m., according to Roosevelt County District Court Clerk's Office.

Hilde is charged with four felony counts of unlawful possession of a game animal and four felony counts of solicitation. No one answered the telephone this morning at the Poplar Police Department.

The charging documents allege that Hilde took his 14-year-old son on to the reservation last July 4. The boy shot four moose - a young bull and three cows. Capt. Mike Herman, a game warden with the state Department of Fish Wildlife and Parks, reported that he received a telephone call July 9 from Fort Peck Tribal Warden Bruce Bauer, who said Hilde was involved in the killing of four moose on the reservation. Bauer told Herman that Hilde is not a member of the Fort Peck tribe or any other tribe.

The next day, Bauer and Herman met in Wolf Point and drove together to the Poplar Police Department, court records state. When they walked into the department, they were met by an officer "who immediately asked if they wanted moose burger." The game agents said there was a group of officers in the back part of the building eating moose burgers.

The agents spoke with Hilde, who allegedly stated that he took his adopted son hunting on the reservation north of Brockton on July 4. Hilde said he thought his son was an associate member of the Fort Peck Tribe, and indicated the boy was born on the Turtle Mountain Chippewa Indian Reservation in North Dakota.

Court records allege Hilde explained that the boy shot four moose north of Brockton near Highway 344. Two of the moose were given to a Poplar man who came to help process and load the animals, Hilde reported.

Hilde "stated that he did not know where the hides or heads were" and "indicated that none of the meat was left in the field," court records state. When told that only enrolled members of the tribe could hunt on the reservation, Hilde responded, "I did not know."

Bauer and Herman later determined that Hilde's adopted son is not a member of the tribe.

I believe it, but it is unbelievable. What was he thinking?

It looks like WY does a pretty good job of giving these guys what they deserve. I recently read about another case in the WG&F newsletter.

http://gf.state.wy.us/services...r/09/02/090213_5.asp

Glad to see this guy lost his privelages for six years. Not to mention the 14k in fines.

quote:

Downes also said the case underscored the reason to keep loaded weapons out of national parks.

What a moron the guy was in "Felony Possession" of a firearm! That means it was against the law for him to possess a firearm ANYWHERE!!!!!

Why do gotta have this politicaly correct drivel interjected into a cut and dried criminal case!