NY: Cuffs and Collars Issue: 8

Northern District Highlights

Customs and Border Patrol Agents

Report Violations

(Clinton County)

Region 5 ECO Les Taylor received information from the Customs and
Border Protection, Office of Air and Marine of several carrot piles
with hunting stands adjacent to them in the northern part of
Clinton County. Taylor, familiar with the area, went to the
property only to find the entire area posted. Needing additional
information to obtain a search warrant, Taylor conducted aerial
surveillance with ECO Dan Malone, ECI Ken Bruno and the New York
State Police aviation unit of the property. The officers observed
several carrot piles with tree stands nearby. On Dec. 4, a search
warrant was executed. Three generations of the family were charged
with various environmental conservation law violations. One
individual was charged with hunting wild deer or bear with aid of a
pre-established bait pile; another was charged with setting or
using deer or bear traps or salt lick on lands inhabited by deer or
bear and also for feeding deer; and a third was charged with
illegally taking wildlife and hunting wild deer or bear with aid of
a pre-established bait pile. All charges were returned to the Town
of Clinton on Dec. 7, and a total of $1,250 in fines and surcharges
was collected.

ECO Assists With

Attempted Murder Investigation

(Lewis County)

The Lewis County Sheriff’s Department contacted Region 6 ECO Fuerch
the night of Dec. 11, regarding a shooting that had occurred. They
had a subject in custody after he shot at a vehicle occupied by a
female and three children. The suspect was a passenger in a truck
that waited nearby for this vehicle to leave a residence. Upon
leaving the residence, the suspect vehicle cut off the car at an
intersection and the suspect fired a round at the car. The truck
then took off and parked down the road waiting for the vehicle to
drive by. The suspect then fired several additional rounds of bird
shot at the vehicle as it passed by. The rear tire of the car was
shot out, but fortunately none of the occupants were struck. Eight
empty casings were recovered from inside the suspect’s vehicle.
Fuerch issued tickets for possessing a loaded firearm in a motor
vehicle, discharging a firearm from a public highway, and
discharging a firearm within 500 feet of a dwelling. The motive for
the shooting appeared to be jealousy over a relationship. The
shooting suspect was sent to Lewis County Jail without bail
awaiting trial for attempted murder.

K9 Team Investigations

(Regions 8 & 9)

ECO James Hunt and K9 Matz were very busy this past fall. On Nov.
20, Hunt and Matz were requested to locate several shotgun shell
wads at the scene of a house shooting in Avon (Livingston County).
Matz located one shotgun shell wad but could not locate any
others.

On that same date, Hunt and Matz were requested to locate a
12-gauge shell casing at the scene of a house shooting in Alexander
(Genesee County). Matz did locate the shell casing, and the shooter
was identified because of the evidence recovery. Charges were
pending upon the completion of the investigation.

On Nov. 21, Hunt and Matz were requested to locate a shotgun shell
wad on the side of the road in Perry (Wyoming County). The suspect
was accused of shooting from the road off the hood of his vehicle
at a large buck that had crossed the road and was running across a
field. ECO Roger Ward investigated the incident and did verify that
a deer was killed and dragged to the road by the subject. After an
investigation, it was apparent that the individual probably did
shoot the deer from the road but a wad from the shotgun was needed
to make the case. Matz provided the evidence by finding the wad in
the field in short order and the individual was charged with six
counts of Environmental Conservation Law violations.

On Nov. 23, Hunt and Matz were requested to locate a muzzleloader
wad at the scene of a house shooting in Lima (Livingston County).
ECO Brian Wade was working on an apartment building complex
shooting by in individual who was using a smokeless powder Savage
muzzleloader. The individual admitted to hunting across the street
from the building but said he shot away from the building from his
treestand. Matz was able to locate his sabot wad from the gun and
proved that he did, in fact, shoot toward the building, and he was
charged with shooting across the highway and reckless
endangerment.

On Nov. 23, Hunt and Matz were requested by ECO Scott Marshall to
locate a second illegal deer that was shot from a treestand after
hours and while trespassing in Akron (Erie County). Matz was able
to locate a blood trail that verified a second deer was, in fact,
hit during the shooter’s illegal deer hunting activities. The blood
trail was not very heavy and the deer was not recovered. Upon first
information, they believed it was a dead deer that just needed to
be located in thick brush. But the deer appeared to not be mortally
wounded.

On Nov. 27, Hunt and Matz located a spent shell roadside in the
snow in Arcade (Wyoming County). The shell recovery confirmed the
allegation made by the complainant that an individual shot from the
road at a deer. The deer ran through the complainant’s backyard and
was never recovered. The shooter confessed after learning about the
evidence that was recovered and the complainant’s eyewitness
accounts of his actions. The individual was charged with shooting
from the highway.

On Nov. 29, Hunt and Matz located an individual after tracking him
to his tree stand in Bennington (Wyoming County). Hunt had checked
an untagged buck that was hanging in the tree at the hunter’s
residence. The hunter’s daughter told Hunt he was out hunting in
his tree stand. The suspect admitted to Hunt that he shot the deer
two days before and said that he forgot to tag it. He was written a
ticket for failure to tag a deer.

On Dec. 5, Hunt and Matz were requested by ECO Ken Basile to locate
a shell case for a personal injury hunting-related shooting that
occurred in Willing (Allegany County). The victim was shot during a
deer drive by the driver who was positioned next to him. A deer ran
between the two of them and, after the first shot, the victim stood
behind a tree and yelled to the shooter to shoot the deer again
since he was behind a tree. When the shot was fired, the victim was
hit. The victim later stated he must have moved from behind the
tree. Matz did not locate the shell because they didn’t believe the
shell could have been so far off the trail the shooter was on. It
was later found with a metal detector. During the search, Matz was
extremely distracted and kept going uphill, and Hunt kept calling
him back. The K9 team eventually located the deer that Matz had
been trying to lead them to.The doe was still alive the day after
the shooting despite the fact that she had dropped right in her
tracks after being hit in the spine. The shooter, the deer, and the
shell casing were all in a line. The shooter had shot a doe without
a deer management permit. Charges are pending.

On Dec. 8, Hunt and Matz were requested by Investigator Chris
Didion to locate a shell case for a personal injury hunting-related
shooting that occurred in Nunda (Livingston County). After two days
of looking for the shell casing and having no luck, Matz was used
to locate the shell casing. The 12-gauge shell casing was white and
blended right in with the snow. The recovery verified the
reconstruction that was conducted in the prior days. Charges were
pending.

Southern District

Highlights

Deer Dumping Complaint

Leads to Jacklighting Case

(Delaware County)

On Dec. 28, ECO Vern Bauer received a call to assist Trooper Reed
with a deer dumping case behind a trailer park in the Town of
Middletown. The ECO and trooper interviewed a witness who said he
saw a local individual dump three deer carcasses behind the trailer
park on the night of Dec. 22. The officers located the carcasses
and quickly discovered that two of the doe deer were shot in the
head with a small-caliber bullet. The two carcasses did not appear
to be that old. Investigation revealed that the third doe was
tagged and taken during the open muzzleloader season. The
individual was located the next day and taken to the state police
Margaretville barracks to provide a statement. The bed of his truck
was full of deer blood. He ultimately gave a full statement of how
he and his uncle went spotlighting on the night of Dec. 22 to get
some venison for the freezer because his uncle hadn’t shot anything
during the open deer season. They soon spotted two antlerless deer
and the uncle shot them both with his .22 magnum rifle. The deer
were immediately quartered and the carcasses dumped behind the
trailer park. Bauer then located the uncle and obtained a statement
from him which verified the nephew’s account. The ECO seized the
rifle and spotlight which, were forfeited to the state. The uncle
and nephew were subsequently ticketed and are facing charges,
including taking deer with the aid of an artificial light,
possession of a loaded gun in a motor vehicle and shooting from a
public highway.

Categories: Cuffs & Collars

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