| Jeff King | illegally killing a moose inside Denali National Park by Iditarod champ | Fairbanks, AK Fairbanks North Star Borough |
September 6, 2007 |
(Photo courtesy of the Associated Press)
Four-time Iditarod champion Jeff King has been charged in federal court with
illegally killing a moose inside the boundaries of Denali National Park and
Preserve.
Charging documents filed in Fairbanks this week also accuse the musher of illegally driving an ATV off road in the park during the hunt last fall. Both violations are misdemeanors.
The case was investigated by national park rangers, who discovered a moose kill site inside the north border of the park, Denali spokeswoman Kris Fister said.
King said he goes hunting every fall but that he did not know he had been charged with a crime until a reporter contacted him. He declined to comment further.
"I have not been charged to my knowledge," said King, who finished second in the Iditarod Trail Sled Dog Race this year. "If you have reason to believe I've been charged with something, I probably shouldn't comment on it."
King was hunting last September out of a camp along the Rock Creek Trail off Mile 262 on the Parks Highway, about a third of a mile north of the Denali park boundary, according to an affidavit filed in federal court by park ranger John Leonard.
Leonard and an Alaska state trooper, conducting a hunting patrol, found King at his camp with parts from a freshly killed bull moose, along with an ARGO vehicle, the document says. King had not validated his moose harvest ticket, the affidavit says.
King told investigators that the park needed to mark its boundary better, but that he has hunted in the area for the past nine years and was using a GPS, so he was familiar with the border, the affidavit says. He also told the investigators that he had seen a silver park boundary marker, the document says.
A subsequent search turned up a bone pile about 300 feet north of the park boundary and a mile from King's camp. However, the bones apparently had been moved from the kill site, which was inside the park boundary about three quarters of a mile from King's camp and clearly visible from it, the affidavit says.
"The location of King's camp is in close proximity to both the bone pile and kill site," Leonard says in the affidavit. "By King's own statements he did not know of or see anybody hunting to the east of his camp."
At the kill site, investigators found parts -- including a moose head with the skull plate and antlers cut out -- that matched up with those they saw at King's camp when they first contacted him, the affidavit says. They collected meat samples from the kill site for possible DNA testing. Tire tracks between the kill site and the bone pile looked like tracks left by an ARGO, the affidavit says.
According to an online database search, King had a valid hunting license at the time of the hunt. The portion of Game Management Unit 20C outside the park was open to resident hunts for bull moose from Sept. 1 to Sept. 20, state wildlife biologist Don Young said.
But moose cannot be taken inside the park except by qualified federal subsistence users, and the affidavit says King was not a qualified subsistence hunter.
Each of the charges carry a penalty of up to six months in prison and a maximum $5,000 fine, assistant U.S. attorney Stephen Cooper said. King's arraignment is scheduled for May 8 in Fairbanks.
Update 5/9/08: King pleaded not guilty to charges of illegally killing a moose in Denali National Park and Preserve and wants a jury to decide the case.
Bethel attorney Myron Angstman, who is representing King, entered the plea for the well-known Denali Park musher by telephone in U.S. District Court in Fairbanks.
A tentative trial date has been set for July 2, though that is likely to change.
King, who is attending his daughter's college graduation in Minnesota, also participated by telephone, as did U.S. Attorney Aunnie Steward of Anchorage.
Magistrate Terrance Hall asked King if he had reviewed the details of the case with his attorney, and King replied that he had. Then Hall read the charges.
Park rangers say King shot a young bull moose on Sept. 6, 2007, about three-quarters of a mile inside the northeast boundary of the park north of Healy and used a four-wheeler to transport bones a short distance from the kill site. King has called the charges "bogus" and said he intends to fight them.
Both charges are Class B misdemeanors with a maximum penalty of six months in jail and a $5,000 fine, Steward said.
Most of the 25-minute arraignment was spent trying to figure out a trial date. Angstman agreed to a tentative trial date of July 2 but said he will petition the court for another date because he won't be available at that time due to another trial.
Angstman also told Hall that he will petition for a jury trial "based on legal issues we won't bother the court with today."
Pretrial motions in the case must be filed by May 29, Hall said.
When Hall asked Angstman how long he thought a trial would take, the Bethel attorney replied that it should take "no more than two days, and one day may do it."
Noting that King had no previous criminal offenses "other than a lead foot a couple of times" and that he was a longtime resident of Denali Park, Hall released King without bail or any other conditions of release based on a promise to appear in court when required.
Update 6/12/08: Investigators and prosecutors worked seven months building their case.Once they found the victim's remains, they returned to the scene six times to collect evidence. They interviewed witnesses and scoured the crime scene by land and air. They measured tire tracks. They collected samples for DNA testing. And, they say, they determined who killed a moose they believe was shot illegally inside a national park.
Denali National Park rangers used DNA testing this spring to build the case against Jeff King - the first time in years park officials have turned to such high-tech forensics, said chief ranger Peter Armington. He wouldn't elaborate on why the techniques were used in this case, citing the pending trial.
Other wildlife officials say such thorough investigations - even for misdemeanors - are not the exception. They are the rule. But while the occasional fish and game violator is sentenced to prison time, more common are fines, probation and the seizure of items used to commit the violations, said Stan Pruszenski, special agent in charge of the Fish and Wildlife Service in Alaska. Is it worth it?
"I think it's society that makes that decision," said Ed Espinoza, deputy director of the U.S. Fish and Wildlife Service Forensics Lab in Ashland, Ore. "The legal system requires you to have a degree of certainty before you prosecute a case. If you're going to punish somebody, you've got to make sure you're right."
King's attorney, Myron Angstman, said the level of scrutiny in the case seems to be in line with that of a typical wildlife investigation - even one involving misdemeanor violations. "Both state and federal fish and game cases seem to have a greater level of investigation than many of the corresponding (misdemeanor) crimes that do not involve fish and game," Angstman said.
Using DNA to investigate and prosecute wildlife violations is hardly novel. Such evidence started showing up in Alaska courts during the early '90s, and Espinoza's lab has been in business for nearly 20 years.
It's the only one-stop-shop facility of its kind in the world, and because of its caseload, it generally only has time to handle federal cases: The lab's 25 analysts process between 700 and 800 cases each year, examining between 5,000 and 7,000 pieces of evidence, he said. Services span the forensic gamut, from fingerprinting to ballistics to digital evidence to DNA comparisons.
One of the early cases to be successfully prosecuted in Alaska was in 1993, when meat taken from an illegally killed sheep in Gates of the Arctic National Park was genetically matched to meat taken from a sheep hindquarter at the suspects' camp in the Brooks Range. The guide on the trip, Brad Lee Langvardt, was sentenced to 18 months in federal prison and forfeited his airplane to the government.
In 1997, game enforcers used DNA evidence as part of their case that two retired game wardens from Alabama wasted meat on a caribou hunt in the Yukon-Kuskokwim Delta. The wardens were fined $5,000 each and placed on probation for five years.
Also in 1997, Lisa Orr-Hickey was fined $4,100 and forced to forfeit her hunting privileges for two years after a jury convicted her of killing Dall sheep in a closed area based on DNA evidence that linked meat at her home to remains at the kill site near Eklutna Lake.
Law enforcement efforts focus on areas perceived to have the biggest problems. For example, Denali's north border, which gets significant hunting pressure, is a target for increased hunting patrols and potentially increased scrutiny during an investigation, Armington said. That location is where King's kill allegedly took place. His case is scheduled to go to trial Aug. 18.
The park has 11 law enforcement rangers, with nine in the north district and two in the south district, he said. About three or four wildlife violations are reported each year, with others likely going unseen and unreported across the vast, remote expanses of the park its rangers can't routinely patrol, he said.
Improvements in technology can help law enforcement track down poachers long after a kill in such situations. But the improvements can also work against investigators, said Capt. Burke Waldron, operations commander for the Alaska Wildlife Troopers.
The Garmin Rino two-way radio, for example, has features of a GPS locator that unscrupulous pilot guides could illegally use to signal the location of game to their partners on the ground, Waldron said.
To counter such high-tech hunting gear, wildlife troopers are using higher-quality cameras for better documentation of violations in the field. In the not-too-distant future, Waldron said, he can envision troopers using surveillance drone aircraft to spot wildlife violations, particularly in regard to commercial fisheries.
Trooper investigators have fingerprinted weapons, run ballistics tests on ammunition, cast foot and tire prints and even matched human DNA from discarded cigarette butts while pursuing game crimes, Waldron said.
The cost of running a DNA test on animals is similar to what it costs in a human homicide case, he said. But wildlife cases often involve fewer samples and are cheaper as a result.
Federal game officials sometimes use covert tactics like undercover hunts to nab illegal guiding operations, and staging buys - either on the streets or online - of illegal animal parts.
The increasing arsenal of tools available, and the cost of using them, forces investigators - both state and federal - to look closely at how much investigation is too much in a given case.
Troopers try to focus their energy and resources on wasteful cases and those that have the largest impacts - wanton waste, illegal guiding and same-day airborne hunts are top priorities, Waldron said.
For the feds, the priority is crimes involving commercialization of game products - cases involving things like poached black bear gall bladders or walrus tusks being sold, Pruszenski said. "We still go through a lot of work," he said. "We have the same rules as the homicide guys do."
Update 8/20/08: Jeff King took the stand in his own defense for the second and final day of his trial on charges that he illegally killed a moose in Denali National Park.
King, who has lived in Denali Park for more than 30 years and hunted in the Rock Creek Trail area near the park’s boundary for the last nine years, explained the moose he shot was actually the third one he saw. He spotted a bull about 20 minutes after setting up camp, but did not pursue it because it was inside the park’s boundary. The second moose he and his daughter, Cali, saw was outside of the park, but it was a cow.
The third moose seemed to be the perfect one for him to get while in an area that he and another hunter had nicknamed “the honey hole” because of its abundant moose population.
“This was too good to be true to find the moose the first night,” he said. “I told (Cali) I’d be a fool not to go after that moose.”
King testified that he may have missed the moose the first time he shot, as it continued to run toward the park. He said he lost track of it for a minute, but it fell the second time he shot it.
However, the crux of King’s defense during the two-day trial was that the park service has not accurately marked Denali’s border. His attorney, fellow musher Myron Angstman of Bethel, pointed to several maps bought throughout the state, including at the park, that do not clearly show the park’s boundaries or give differing widths for the park’s boundary.
King, who did not use a map, compass or GPS unit during his hunt, also claimed that when he asked the park ranger the morning after he took the moose where the boundary is located, that the ranger pointed to an area that would have been well beyond where he shot the animal.
His daughter, who accompanied him on the hunt, backed up that claim when she took the stand earlier in the day. “He’s a ranger, for Pete’s sake,” she said. “He knows exactly where the park boundary is.”
While the champion musher was on the stand most of the day, his daughter also was questioned by attorneys from both sides for more than an hour. The younger King testified that she initially drove an eight-wheeled Argo to the kill site, though she could not remember if it was her or her father who drove it back there the next morning.
Illegally operating a motor vehicle in a park is one of the charges King faces, and that testimony could make it harder for Federal Magistrate Judge John D. Roberts to find him guilty on that count. After the prosecution rested their case and Angstman made a motion to dismiss the charge for lack of evidence, the judge said he was on the fence about doing so, but decided to let it stand.
Assistant U.S. Attorney Stephen Cooper has contended there is little reason for a hunter to not know the park’s exact boundary because despite sometimes-difficult maps, exact coordinates for the boundary are available on the park’s Web site.
On the stand, King said he had seen that Web page before the hunt but didn’t understand it and felt it wasn’t necessary to download coordinates for an area he was familiar with. The musher said that while he is familiar with GPS units in dog mushing, he only uses them to determine the speed of his team and doesn’t know how to use many of the functions on a unit. “I can’t even set the alarm on my cell phone, much less take this and make any use of it,” said King, holding up a printout of the coordinates.
Angstman also countered the prosecution’s assertion of how useful a GPS is by submitting into evidence a photo of King using a consumer-model GPS near the kill site that gave a measurement fifteen miles south of where it was. “There’s no way that could be the reading of a working GPS,” Cooper said.
Before the trial, the state had sent a GPS expert to the kill site with a unit that is accurate to within four inches to determine if it was inside of the park.
If convicted on both counts, King faces up to a year in prison and a fine of $10,000.
Because testimony continued late into the afternoon, both sides agreed to submit their closing arguments in writing with the prosecution’s rebuttal due Sept. 25. The judge is expected to issue a ruling sometime after that.
Update 9/20/08: King continues to fight a charge of poaching a moose inside the Denali National Park and Preserve, where hunting is restricted.In recent court filings, the 2006 winner of the Iditarod asked a federal judge to consider new evidence in the case.
King and his attorney maintain the National Park Service put up new boundary markers along the park’s northeast border, where King is accused of slipping into the park to shoot a young bull last year. The defense is hoping the new evidence proves the area was not clearly marked when the 52-year-old dog musher, who was hunting with his daughter, shot the moose. “I thought it was significant considering they say the boundary didn’t need to be marked,” King said. King also claims that dates on the markers show they were put up within days after his trial last month.
The park service won’t confirm they installed new border markers pending the outcome of the case, but a park service spokeswoman said putting up border markers is routine business inside the 6-million-acre park.
The federal government is opposing King’s motion as irrelevant and is arguing that the onus is on individual hunters to know where they are hunting. The government maintains King had other means to determine his location. He could have used maps or a GPS.
It’s unclear when a judge will decide whether King is guilty of the charge. More court filings by both sides are expected in the coming weeks.
Update 10/24/08: A federal magistrate has found King guilty of illegally killing a moose inside Denali National Park.However, the judge found King not guilty of illegally operating a motorized vehicle on government land during the hunting trip in September 2007.
King argued during a two-day trial in August that the park did not have properly marked boundaries, but federal Magistrate Judge John D. Roberts, in a 33-page decision released Friday, sided with prosecutors that it was King’s responsibility to know the location of park lands.
“King could have picked up a map that had the sections, townships and ranges on it. He did not have a map of where he had hunted in the past,” reads the decision. “.... King testified that he was willing to gamble that he knew where the boundary was.”
King along with his daughter Cali, who accompanied him on the trip, were the main defense witnesses during the trial. The younger King testified that she had driven the Argo ATV to the kill site on park lands but that she could not recall if her father did as well. The court declined to convict Jeff King as an accomplice to the action of his daughter, who was not charged with a crime.
“It is not enough that the accomplice’s acts in fact assisted or encouraged the person who committed the crime,” reads the complaint. “Here, the aid was given without knowledge of the facts which make the principal’s conduct a crime.”
A date for sentencing has not yet been set. If the conviction stands, King faces up to six months in prison and a fine of $5,000.
Update 12/5/08: King was ordered to pay a $4,000 fine and another $750 in restitution to the National Park Service for illegally killing a moose just inside Denali National Park and Preserve more than a year ago.King, 52, was found guilty of shooting a bull moose 600 feet inside the park boundary by a federal magistrate on Oct. 24 following a two-day trial. He faced a maximum of six months in jail and a $5,000 fine.
With tears running down his face as he addressed Federal Magistrate Judge John D. Roberts near the end of the 4 1/2-hour sentencing hearing at the federal courthouse in Fairbanks, King described himself as “humbled and emotionally spent.” “I’m ready for it to be over,” King said, his voice cracking. “This has turned my life upside down and has caused me countless nights of sleepless worry. I am deeply embarrassed by it all.”
Prosecutor Stephen Cooper, assistant U.S. district attorney, asked Roberts to impose the maximum penalty on King and send him to jail for what he called “an obstruction of justice.” Cooper contended that King initially lied to rangers about where he shot the moose and then lied under oath during the trial. He also accused King of fabricating evidence related to his use of a GPS.
“There was an element of deliberateness and misleading practiced on the rangers and on the court,” Cooper argued. “Mr. King has lied three times on three occasions — to the rangers in the field, to the rangers when they served a search warrant at his house and to the court. It would be unrealistic if you didn’t take that into account. If he hadn’t lied to rangers in the field, you would have a totally different ball game.”
In his comments to the judge, King denied lying to anyone at any time. “I have not and will never willingly tell a lie,” he said.
Defense attorney Myron Angstman called Cooper’s recommendation for jail time “preposterous.” “This is a petty misdemeanor and should be treated as such,” said Angstman, who asked that King be allowed to serve community service in lieu of a fine. “The only way you go to jail if you shoot a moose in Alaska is if you waste a substantial part of it or you are somehow commercially involved in profiting from that moose.”
In the end, Roberts sided with the defense. He said there was not sufficient evidence that King lied under oath and that shooting the moose inside the park boundary was a case of poor judgment, not blatant disregard.
“This is not a case of failing to notch a harvest ticket or taking more than one moose in a season,” Roberts said. “Basically, it’s about taking a moose in a national park.”
King, who has lived in Denali Park for 33 years and runs a mushing tour business in the summer that caters to park tourists, issued this statement following Roberts’ decision.
“The whole thing has been an unpleasant experience, and I’m glad it’s over. There was a silver lining for me in that it reminded me of the community support that rallied around Donna and me after our house fire in 1989. The support of my character came from Sen. Lisa Murkowski, the Make-A-Wish Foundation, the Iditarod board of directors, the mayor of the Denali Borough and other cherished long time friends. It was humbling to me to have so many good people support my integrity. I made an honest mistake, and I believe the fine was reasonable. I can’t wait to get back on my sled and do what I do best.”
Asked about his feelings toward the park service after the sentencing, King said only, “I know there are a lot of good people over there, and I sure would have rather sat eye-to-eye with them over somebody’s kitchen table and taken care of this than have it turn out the way it did. This got way out of hand.”
Angstman, a dog mushing friend of King’s who owns a private practice in Bethel and has practiced law in Alaska for 34 years, agreed. “This whole thing is a study in how a petty misdemeanor can be taken to extremely high levels if the federal government desires, which seems to be the case here,” Angstman said. “This is the longest petty misdemeanor I’ve ever been involved with.”
Though he recommended jail time, a higher restitution amount and the revocation of King’s hunting privileges for three years, Cooper accepted the fine handed down by Roberts. “The judge decides,” he said. “That’s the way it is.”
Though he still didn’t agree with the guilty verdict issued by Roberts in October, Angstman said he was happy with the outcome given Cooper’s recommendation. “There was a lot worse that could have happened,” Angstman said.
King planned to pay the entire $4,750 penalty to avoid a 12-month probation period meant to ensure payment, Angstman said.
Read the judges rulling by clicking on this case.
Reference:
Anchorage Daily News
Fairbanks Daily News-Miner
Juneau Empire