Arraignment for Guiding Without a Lic for CR aucti

[wmidbrook]

Although I think highly of most DFG personnel and the bulk of DFG regulations, there are times when it's worth plea-bargaining or simply just paying the fine when you look at all the risks. We were fined up at our ranch ($150) because we improved a road across a creek just below some springs.

One of the neighbors complained that the water that fed their stock pond was muddied - (this neigbor, mind you is the same guy who crossed the fence and tried to dig a trench diverting water to part of his pasture).

And DFG responding by writting up a $150 ticket because we muddied up waters (slightly) that some wildlife depends on. (a cow grazing thru the creek would have muddied it up as much) Oh, and you now now my favorite spot to take a whiz on the place is now.

We had granted a temporary easement to a contractor who was rebuilding a public dam closeby. This was for the betterment of the community. Crossing our property (he improved the road and did muddy the water slightly for part of a day) enabled him to save operation costs by cutting the distance to get to the quary a lot faster. But, he hadn't fully gone thru all the environmental impact permits/hoops to ward off that DFG fine. DFG needed to allay that neighbor because there was a legitimate gripe backed by law....as crass as it may be.

If your intentions are to become a guide at some point, it may be worth pleading down to a lessor charge rather than raising a fuss....DFG needs funds. Raising a fuss may put you at higher risk of a heavier penalty. So, make sure your lawyer informs you of what the potential costs of fighting this are (in terms of consequences if you loose) verses sucking up and paying a fine....look what just happened to Martha Stewart...she should have taken a plea bargain.

Some battles aren't worth fighting. I would for sure try to get a lessor charge in return for paying them more money...that's all they're after anyway most likely.

Everyone here knows you're probably in the right on this--but, sometimes it's worth just swallowing your pride.

And who knows, you might win too...just trying to offer an alternate perspective. Good luck either way!

 

[Hogskin]

Feel free to take editorial license…


Tom Pedersen
Chief, Enforcement Div.
Department of Fish and Game
1416 9th Street
Sacramento, CA 95814


Dear Mr. Pedersen,

I am writing to you regarding the matter concerning SGT. Lowell Kreider, the gentleman stationed at Fort Hunter Liggett, who is being prosecuted for arranging a hunt raffle to benefit the servicemen and families of the US Army stationed at Camp Roberts. While I appreciate that the DFG is devoted in its application of the law, I believe the case against Mr. Kreider is inappropriate. The merits (or lack thereof) of the case aside, Mr. Kreider is a glowing example of what a sportsman and American should be. Mr. Kreider for the past couple of years has worked tirelessly and selflessly to inform the public of the hunting opportunities at Camp Roberts and has always stressed safety and compliance with all laws. In a time when our great country is under attack from around the world, I’m saddened to see a true patriot being attacked from within. Mr. Kreider’s reputation as an ethical, honorable man is well-known in the community. I implore you to drop all charges against Mr. Kreider and allow him to return to his duty serving his country.

Respectfully,

 

[F350]

Question;
Were you "On the clock" for the military at the time of the hunt?
If so, that may be where they view it as "Compensation".

Personally, I would let the JAG handle this and offer our support as a community. It might be a good idea to have someone from the JHO pro staff write the letter. Also, don't know if you're a member but, the NRA offers free legal support to it's members in certain circumstances.

Either way, you have my support also and I would be glad to write or contribute in any way I can. This is the kinda stuff that makes folks equate the DFG with the IRS.

NOTE: I'd be willing to carpool with anyone wanting to show up to stand by our brother hunter. My truck will seat 5 comfortably. Oh! and somebody should copy this thread to every forum on JHO.

 

[Hogskin]

If it gets continued till after April 15th, I'll go.

 

[Colusaduckhunter]

I haven't shot FHL in many years, but always willing to lend a hand to a brother hunter. Let us know what we need to do. I have a fax machine, a computer and a vindictive personality (I'm a scorpio, I can't help it). Just tell us what you want us to do!

 

[Mnfshrman]

Not that it really makes a difference what I think when it comes to the outcome of all this, But with what I've got right here. I don't see how they could have a case.

This is a post from you on 03 Aug 03
http://www.jesseshunting.com/forums/index....pic=42732&st=60



Hey guys thanks alot.
As per always, the nice folks at J.A.G. would like me to do a disclaimer for this auction.

1. The Ca dept. of fish and game is NOT affiliated with this event.
2. The Ca Army National Guard or the Dept of Defense is NOT affiliated with this event.
3. (This is the funny one) No duties or training that I have received from the CA National Guard or Camp Roberts will influence the outcome of this event , and all laws for fair chaise and harvest apply. (No hunting in the impact area)
4. All funds received from the high bidder will go to the Camp Roberts HHD-MTC-Family Day, minus the cost of the permits from the CR DFG.
5. As per DFG codes and laws regarding guides, I (Lowell Kreider) will not receive any fee's or compensation for taking the high bidder hunting. I am not a lic. guide by the DFG, and you will be hunting with me as my guest.

If you need specific info you can PM or e-mail me

Please bid high, its almost show time.
Thanks For All Your Suport
Lowell

 

[F350]

Well DAMN ! ! !
That post pretty much settles it or SHOULD. I'm thinkin' something like that post could be used as exculpatory (sp) evidence. I would definately make it a point to bring this up to the JAG and see what they think.

Boar tracks, You were absolutely clear in you intent and your scope.
Being an expert in a field does not mean you work in that given field. Again, Your brothers are behind you.

"Nuff said"

 

[m57jager]

Is it possible that the person who is pushing this is an actual guide. Maybe he's trying to get Lowell out of the picture. I don't know. I remember when all of this first started and it's all getting out of hand. All because someone did a good thing and someone else must of been a snivelling little b.... Well, I feel for you Lowell. This is the same reason people sit around when someone gets hurt. Unless you are licensed, the good samaritan law doesn't protect you againsts law suit. Sad, sad, sad...

 

[F350]

I think m57jager may be right.

Someone may be pushing this or may have initiated it.
If so, they obviously feel threatened by BT's skills and...If this is the case and the person is capable of reading this....F350 says You're a C O W A R D ! ! !

 

[F350]

Sorry guys,
I know this isn't my

but if this can happen to B.T., it can happen to any of us.

 

[Heathen]

I still don't get it ......I don't guess I will ever understand this. There is the letter of the law and the intent of the law.........why don't these #@$% people get that? When that law was passed it wasn't meant to be used to go after the good guys.Lowell I don't know you but ....I do know your serving your country and your comunity..............I was hoping today would bring better news.......luck to you.......If we had more good people like you.......the meat heads wouldn't be in charge.

 

[lostagain]

Lowell,

I'll sign any letter to support. Just a bunch of BS if you ask me. I also believe there is a DA (another County) on this board who could provide some insight/direction on this issue?

 

[Kentuck]

Seems to me that Lowell indicated the person would be hunting WITH HIM not being taken out and shown where to hunt. If he is guilty of guiding then I guess I am guilty for taking Mel and Backcountry in my boat this winter pig hunting. We couldn't have gotten into the areas we did without my boat so I guess I was guiding even though I was hunting too. Last guided hunt I went on the guided didn't have a weapon on him. This is all just wrong. Shame on whoever ratted on Lowell.

 

[Boar Tracks CA]

Just to let ALL KNOW this was all the FHL game Warden, I will not tell you his name but I bet most of you no it.He did not call any of the witneses I had to support my claims on were all the hog auction funds went. So I guess I will leave it up to a jury if it goes that far. IT seams that even FOX NEWs wants a part of this , They called me today, but I refused commit til I hear From JAG.

 

[Hogskin]

Boar Tracks,

Is it okay to send letters to Pedersen? If so, does mine accurately state the facts? Please advise.

 

[Boar Tracks CA]

no more posts

 

[spectr17]

Iffin it was me, I'd zip up until the case is over. You could be undoing your own defense.

 

[Boar Tracks CA]

NO MORE POST, BUT IM MAD AS H%LL

 

[bigmomma]

Just to let you all know, Lowell is my husband, and I was there for every part of the auctions,. Never was I asked by the FHL warden anything, about the auctions. It makes me sick about how low some people have to get, when there are far more problems in the world. My husband has been shot at ,in many countries, and to now find out that the worse place to be is at a US Army base in CA. I do not get our system of justice. I just needed to get that off my chest.

 

[EVAN III]

man, it's a shame when someone can do good and get in trouble for it. just like california. anyway, good luck. Let us know what we can do to help, write letters, show up at the arrainment in support.