ND is prosecuting (misdemeanor)both an out-of-state hunter and the ND outfitter that attempted to help him cover up an illegal lion take
http://www.indystar.com/apps/pbcs.dll/a ... /711150578
http://www.bismarcktribune.com/articles ... 324522.txt
November 15, 2007
Hoosier hunter charged in cougar's death
By Blake Nicholson
Associated Press
BISMARCK, N.D. -- Misdemeanor charges are being filed against an Indiana hunter and a North Dakota outfitter accused of illegally killing a mountain lion in the badlands.
Jack Fields Jr., of West Terre Haute, Ind., killed the cougar on Sept. 17 while hunting mule deer with a bow, authorities said. North Dakota's mountain lion hunting season is open only to state residents.
Billy Freitag, with the Dickinson-based Little Missouri River Outfitters, is accused of trying to cover up the violation.
Neither man immediately responded to messages Thursday seeking comment.
Dunn County State's Attorney Ross Sundeen said Freitag allegedly told Fields it was legal for Fields to kill a mountain lion. The prosecutor said Freitag and Fields brought the carcass to Dickinson to register the kill with the state Game and Fish Department.
"Before they go, Freitag stops by his ... home office, goes on the Internet, comes back out and says, 'We got a problem. Nonresidents can't shoot cats,"' Sundeen said.
The two then brought the carcass back to a Dunn County ranch from which Freitag operates, and Freitag told a state game warden that he had killed the cat, authorities said. Sundeen said Fields eventually confessed.
Fields faces up to 30 days in jail and a $1,000 fine if convicted on the charge of taking a protected furbearing animal during a closed season. Sundeen said relying on the advice of a guide is no defense but it could be considered at the time of sentencing if Fields is convicted.
Freitag is being charged with aiding in the concealment of game illegally killed or possessed, giving false information to law enforcement officials and hindering law enforcement. He faces up to two years and 30 days in jail and $5,000 in fines if convicted on all charges.
The cougar killed in northern Dunn County was a 60-pound female, about 11/2 years old, a game warden said. It counted toward the quota of five lions killed in the badlands. The season has since closed in that region.
Outfitter charged in mountain lion case
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Nov 15, 2007 - 12:46:19 CST
By RICHARD HINTON
Bismarck Tribune
A Dickinson-based outfitter faces criminal charges and the loss of his outfitter's license in connection with the killing of North Dakota's third mountain lion this season.
Billy Freitag has been charged with aiding in the concealment of game unlawfully taken or possessed, giving false information or report to law enforcement officers and hindering law enforcement, all misdemeanors.
The North Dakota Game and Fish Department, which licenses the state's guides and outfitters, also has recommended Freitag's guiding and outfitting license be suspended. Freitag is contesting the suspension, and a hearing is scheduled for Wednesday, said Dean Haas, an assistant attorney general who represents NDGFD.
The charges stem from a Sept. 17 incident in which a nonresident bowhunter, Jack Fields II, of West Terre Haute, Ind., allegedly shot a mountain lion while deer hunting in Dunn County. Fields was in a party hunting with Freitag. The nonresident hunters in the party allegedly had been told by Freitag that nonresidents could kill a mountain lion during the state's season, which was open. North Dakota's mountain lion hunting season is open only to state residents.
Fields faces up to 30 days in jail and a $1,000 fine if convicted on the charge of taking a protected furbearing animal during a closed season, according to Dunn County State's Attorney Ross Sundeen. Sundeen said relying on the advice of a guide is no defense but it could be considered at the time of sentencing if Fields is convicted.
When Freitag and Fields took the cat to Dickinson to report it, Freitag allegedly checked the proclamation first and realized nonresidents were barred from hunting mountain lions in North Dakota. They took the cat back to the Figure 4 Ranch in Dunn County.
"But the word was out and he knew he could not sweep it under the rug," said Sundeen.
That's when Freitag is alleged to have told Bill Schaller, the NDGFD game warden who investigated, that he killed the cougar. The cat was a 60-pound female, estimated to be 1 1/2 years old.
"He thought something was amiss," Sundeen said of Schaller, "because a guide is usually not sitting in a tree (hunting)," Sundeen said.
Follow-up interviews with other game wardens resulted in Fields allegedly confessing, while Freitag allegedly was claiming he killed the lion, Sundeen said.
The false information and hindering charges are class A misdemeanors, which carry a maximum penalty of a $2,000 fine and a year imprisonment. The aiding in the concealment charge is a class B misdemeanor with a maximum penalty of a $1,000 fine and 30 days imprisonment.
(Reach outdoor writer Richard Hinton at 701-250-8256 or richard.hinton@bismarcktribune.com.)
ND prosecuting outfitter
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outfitter pleads, outfitter license suspended for 18 months
http://www.bismarcktribune.com/articles ... 143238.txt
Outfitter in cougar case loses his license
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Nov 23, 2007 - 05:52:35 CST
By BLAKE NICHOLSON/Associated Press Writer
A western North Dakota outfitter accused of trying to cover up the illegal killing of a mountain lion by an Indiana hunter has lost his guiding and outfitting privileges for at least 1½ years, his lawyer says.
Diane Melbye, the attorney for Billy Freitag, said his 18-month suspension is retroactive to Nov. 7. The agreement with the North Dakota Game and Fish Department on the length of the suspension was reached this week, a day before Freitag was to appear before an administrative law judge in Bismarck, she said.
The Game and Fish Department suspended Freitag's license after the co-owner of the Dickinson-based Little Missouri River Outfitters was accused in the mid-September cougar killing. Freitag faces misdemeanor criminal charges involving an alleged cover-up attempt.
"If there are criminal convictions, he would lose his license for three years" by state law, Melbye said. She would not comment on how Freitag might plead.
Game and Fish Department officials could not immediately be reached for comment on the suspension Wednesday. Bob Timian, the chief game warden, was out of the office, which was closed on Thursday because of the Thanksgiving holiday.
Jack Fields II, of West Terre Haute, Ind., allegedly killed the cougar while hunting mule deer with a bow in northern Dunn County. North Dakota's mountain lion hunting season is open only to state residents.
Authorities say Freitag told Fields it was legal for Fields to kill the cougar and then lied to investigators when he realized his mistake. Fields eventually confessed, said Dunn County State's Attorney Ross Sundeen.
Fields faces up to 30 days in jail and a $1,000 fine if convicted on a misdemeanor charge of taking a protected furbearing animal during a closed season.
Freitag is charged with aiding in the concealment of game illegally killed or possessed, giving false information to law enforcement officials and hindering law enforcement. He faces up to two years and 30 days in jail and $5,000 in fines if convicted on all the misdemeanor charges.
No court hearings have been scheduled in the case, according to the clerk's office.
Outfitter in cougar case loses his license
LOADING
Nov 23, 2007 - 05:52:35 CST
By BLAKE NICHOLSON/Associated Press Writer
A western North Dakota outfitter accused of trying to cover up the illegal killing of a mountain lion by an Indiana hunter has lost his guiding and outfitting privileges for at least 1½ years, his lawyer says.
Diane Melbye, the attorney for Billy Freitag, said his 18-month suspension is retroactive to Nov. 7. The agreement with the North Dakota Game and Fish Department on the length of the suspension was reached this week, a day before Freitag was to appear before an administrative law judge in Bismarck, she said.
The Game and Fish Department suspended Freitag's license after the co-owner of the Dickinson-based Little Missouri River Outfitters was accused in the mid-September cougar killing. Freitag faces misdemeanor criminal charges involving an alleged cover-up attempt.
"If there are criminal convictions, he would lose his license for three years" by state law, Melbye said. She would not comment on how Freitag might plead.
Game and Fish Department officials could not immediately be reached for comment on the suspension Wednesday. Bob Timian, the chief game warden, was out of the office, which was closed on Thursday because of the Thanksgiving holiday.
Jack Fields II, of West Terre Haute, Ind., allegedly killed the cougar while hunting mule deer with a bow in northern Dunn County. North Dakota's mountain lion hunting season is open only to state residents.
Authorities say Freitag told Fields it was legal for Fields to kill the cougar and then lied to investigators when he realized his mistake. Fields eventually confessed, said Dunn County State's Attorney Ross Sundeen.
Fields faces up to 30 days in jail and a $1,000 fine if convicted on a misdemeanor charge of taking a protected furbearing animal during a closed season.
Freitag is charged with aiding in the concealment of game illegally killed or possessed, giving false information to law enforcement officials and hindering law enforcement. He faces up to two years and 30 days in jail and $5,000 in fines if convicted on all the misdemeanor charges.
No court hearings have been scheduled in the case, according to the clerk's office.
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