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"Official admits to illegal shooting of elk.
Wednesday, December 5, 2001
BY STEPHEN HUNT THE SALT LAKE TRIBUNE
Salt Lake County Undersheriff James E. Bell was placed on probation Tuesday after he pleaded guilty to two class A misdemeanors in connection with illegally shooting an elk two months ago in Emery County -- and then trying to cover it up. Bell, the second-highest ranking member of the sheriff's office, has been on administrative leave since the charges were filed. Sheriff Aaron Kennard declined to comment Tuesday on how the resolution of the case will affect Bell's job. Kennard said he wanted to speak to Bell first.
The sheriff's public information officer, Peggy Faulkner, later said the sheriff will be out of the office until next week, and said she did not expect an immediate decision about Bell's status. Bell, 55, was charged last month in 7th District Court with wanton destruction of protected wildlife and obstruction of justice, both third-degree felonies, punishable by up to 5 years in prison. He pleaded guilty Tuesday to reduced misdemeanor counts, which are each punishable by up to 1 year in jail.
Judge Bryce Bryner sentenced Bell immediately, suspending any jail time but fining Bell $1,850 and ordering him to pay $750 restitution to the Help Stop Poaching Fund. Bell also must refrain from hunting during a two-year probation period, forfeit his hunting rifle and write letters of apology, to be submitted to The Salt Lake Tribune and Deseret News for publication.
Deputy Emery County Attorney W. Brent Langston said the sentence accomplished what he wanted. "This is a case where I wouldn't be asking for jail time," Langston said. On Oct. 7, Bell was hunting with family and friends near Electric Lake in northwestern Emery County when he shot a two-point bull elk -- a male animal whose antlers have branched on both sides, according to Langston.
But Bell was licensed only to kill a spike, defined as a male animal that has at least one antler with no branching above the ears.
Bell tried to hide the mistake by altering the antlers on one side, Langston said. Bell sawed off a tine on one side, but it looked too obvious, so Bell shot the antler with his rifle, the prosecutor said. The shooting may have gone unnoticed, except for a witness who reported what Bell had done to Utah Wildlife Resources officers.
Said Langston: "I want to stress that this [prosecution] was not about the elk. For illegally killing an elk, had he just reported it, the worse case would have been a simple ticket. It's the cover-up that this case is about."
When wildlife officers entered Bell's camp that same evening, he at first denied he had even been hunting, Langston said. The officers questioned Bell for more than an hour before he admitted killing the elk, which had been hung in a tree well apart from another elk, which had been legally killed. And it was days later before Bell admitted the cover-up. "He had ample opportunities to tell the truth and did not," Langston said.
"He joined the ranks of many otherwise responsible citizens who think it is acceptable to violate the wildlife laws and then lie about it when questioned."
Last month, Kennard said he was "struggling" to believe the allegations against Bell, with whom he had attended the police academy 30 years ago.
Bell has been undersheriff since 1994. Before that, he worked for the Salt Lake City Police Department in various capacities for a quarter-century, including as a captain.""
Wednesday, December 5, 2001
BY STEPHEN HUNT THE SALT LAKE TRIBUNE
Salt Lake County Undersheriff James E. Bell was placed on probation Tuesday after he pleaded guilty to two class A misdemeanors in connection with illegally shooting an elk two months ago in Emery County -- and then trying to cover it up. Bell, the second-highest ranking member of the sheriff's office, has been on administrative leave since the charges were filed. Sheriff Aaron Kennard declined to comment Tuesday on how the resolution of the case will affect Bell's job. Kennard said he wanted to speak to Bell first.
The sheriff's public information officer, Peggy Faulkner, later said the sheriff will be out of the office until next week, and said she did not expect an immediate decision about Bell's status. Bell, 55, was charged last month in 7th District Court with wanton destruction of protected wildlife and obstruction of justice, both third-degree felonies, punishable by up to 5 years in prison. He pleaded guilty Tuesday to reduced misdemeanor counts, which are each punishable by up to 1 year in jail.
Judge Bryce Bryner sentenced Bell immediately, suspending any jail time but fining Bell $1,850 and ordering him to pay $750 restitution to the Help Stop Poaching Fund. Bell also must refrain from hunting during a two-year probation period, forfeit his hunting rifle and write letters of apology, to be submitted to The Salt Lake Tribune and Deseret News for publication.
Deputy Emery County Attorney W. Brent Langston said the sentence accomplished what he wanted. "This is a case where I wouldn't be asking for jail time," Langston said. On Oct. 7, Bell was hunting with family and friends near Electric Lake in northwestern Emery County when he shot a two-point bull elk -- a male animal whose antlers have branched on both sides, according to Langston.
But Bell was licensed only to kill a spike, defined as a male animal that has at least one antler with no branching above the ears.
Bell tried to hide the mistake by altering the antlers on one side, Langston said. Bell sawed off a tine on one side, but it looked too obvious, so Bell shot the antler with his rifle, the prosecutor said. The shooting may have gone unnoticed, except for a witness who reported what Bell had done to Utah Wildlife Resources officers.
Said Langston: "I want to stress that this [prosecution] was not about the elk. For illegally killing an elk, had he just reported it, the worse case would have been a simple ticket. It's the cover-up that this case is about."
When wildlife officers entered Bell's camp that same evening, he at first denied he had even been hunting, Langston said. The officers questioned Bell for more than an hour before he admitted killing the elk, which had been hung in a tree well apart from another elk, which had been legally killed. And it was days later before Bell admitted the cover-up. "He had ample opportunities to tell the truth and did not," Langston said.
"He joined the ranks of many otherwise responsible citizens who think it is acceptable to violate the wildlife laws and then lie about it when questioned."
Last month, Kennard said he was "struggling" to believe the allegations against Bell, with whom he had attended the police academy 30 years ago.
Bell has been undersheriff since 1994. Before that, he worked for the Salt Lake City Police Department in various capacities for a quarter-century, including as a captain.""
