I would like to see the video of this
BILLINGS, Mont. -- Jim Latvala, a 65-year-old fishing guide from Two Harbors, Minn., shot a six-point bull elk while hunting with his brother on the opening day of the Montana season.
"It was the first time we actually got to hunt together, and me taking this bull, we were elated, euphoric, in la-la land," Jim Latvala said.
But the excitement soon soured when a Montana Fish, Wildlife and Parks warden, followed by a TV show videographer, approached. Latvala said the warden told him he had a good chance of losing the bull because he hadn't tagged it immediately, as Montana regulations require.
Latvala said in Minnesota, it's not necessary to tag game until it's going to be moved. Jim's brother, Warren, said the presence of the cameraman, who was filming for the TV show "Wardens," pressured the officer to write the $135 citation and to confiscate the game. Warren Latvala said he'd like to see cameramen banned from riding with game wardens.
"Damn it, the people who work (for FWP) should be out looking for poachers, not someone who took 21 minutes to fill out their tag," Warren Latvala said.
Joe Knarr, FWP's Region 3 warden sergeant, said he was in contact with the warden, Drew Scott, as the situation played out, so he was aware of the circumstances "as soon as the elk hit the ground." Knarr called the time between when Jim Latvala shot and when the elk was tagged "substantial" -- roughly 20 to 25 minutes.
"If you read the statute it says you must immediately validate the tag," Knarr said.
FWP's concern is that if a tag isn't notched right away, a hunter may pocket it to use it again on a different animal.
The brothers were hunting south of Clyde Park, about 35 miles northeast of Bozeman. About 200 yards away, Jim picked the bull out of a herd of roughly 60 elk that had just run across a highway at first light into the field they had staked out.
After the shot, Jim said they were busy figuring out how to haul the elk out of the swamp where it had died and had to wade across the water to get to the bull before they could tag it.
Jim and Warren Latvala say they feel bolstered in their argument by the fact that the acting Park County attorney, Nels Swandal, dismissed the charge of failure to properly tag a game animal. In a letter addressed to Jim Latvala, Swandal listed as reasons for dropping the charge that Latvala had "no intent to evade or violate the law," came from a state where the rules are different and had tagged the elk before the game warden approached.
The county attorney then phoned Latvala and told him he could pick up the elk head but that the meat had been given to a food bank.
"I don't trophy hunt," Latvala said. "I would never spend $2,000 to come back with the head of a bull."
Latvala, a former Marine who served in his local Rotary Club and American Legion, has hunted for most of his life.
"I take hunting pretty seriously," he said. "I'm not in it for the blood," adding that the meat would have lasted him for two years.
"To have this fall apart makes me nauseated."
Knarr said Scott was justified in issuing the citation because there was a violation. Once that citation was issued, it was up to the county attorney to decide how to prosecute, or not.
"Given the answers (Latvala) gave and the circumstances, this was the best course of action under these circumstances," Knarr said. "There were violations. They did occur. The officer was within his rights to do what he did, but the county attorney wanted to give the head back to the fella but not the meat based on the fact that a violation did occur."
In a letter from Swandal to Scott, the acting county attorney wrote that Latvala had come to the office to register a complaint about being ticketed. After reviewing Latvala's written statement and talking to Scott, Swandal wrote that "it appears few facts are in dispute. You clearly had Probable Cause to issue the citation and it is also clear that the meat had to be processed quickly."
Yet Swandal decided to drop the charges. Knarr said it was "pretty unusual" for the county attorney to return the elk head to Latvala given the circumstances.
Warren Latvala was so upset by the citation and his brother's loss of the elk meat that he's contacted his state representative seeking some type of action. Jim Latvala has also written letters to FWP director Jeff Hagener and the local Fish and Wildlife commissioner, Dan Vermillion, outlining his disappointment with what happened and seeking monetary compensation for his loss -- about $2,000.
"I'm not a bad guy," Jim Latvala said. "And I'm suffering because of this. I want justice."
The Latvalas also think that Scott's decision to issue the citation was swayed by the fact that a cameraman was riding and filming with Scott that day.
That's an accusation that Mitch Petrie, president and executive producer of "Wardens" said is understandable but wrong.
"Our videographers are trained to be a fly on the wall and stay out of the way," Petrie said. "There's no pressure to produce anything."
Like his younger brother, Warren Latvala said the entire situation has left him bitter and sad.
"I've hunted since I was 8 years old and my dad bought me a .410 shotgun," Warren said. "And I've hunted continuously ever since then. Every year I've bought a deer and elk tag."
Yet he didn't hunt again this season, saying that now he's always looking over his shoulder.
"It took the joy out of it for me," he said. "I've got two unfilled tags, and I'll never buy another one."
3 Jun ’12
That's a pretty one sided article. This was a pretty big deal out here. Its not uncommon for fellas to try to quickly get an animal out of the field and keep the tag clean so they can get after another animal. It DOES happen, thus the reason for the rule. As a hunter I find his excuse of "the rules are different where I come from" to be ludicrous. If I ever go to Oregon or Texas or Wherever, it is on me to know the law of the land and I sure as hell will.
One part of the story being left out in this article is that the brother of the shooter was driving a tractor out to get the animal and ran into the warden on the way, who informed him that his brother (the shooter) was in trouble. That's how much time had elapsed. Its suspected that the tag only made it onto the elk at the 25 minute mark because the brother called the shooter. As a former Parks Officer myself, I would have done the exact same thing. There were enough shenanigans going on with this hunt to make me suspicious.
In my opinion, the only reason this guy didn't get hauled over the coals is because Montana is so focused on generating revenue from out of state hunters that they thought this was the right PR move. I don't think it was.
3 Jun ’12
That I don't know. The state could sieze it as evidence I suppose, but they don't own it and would eventually have to release it back to the producers.
I have actually run into these crews a couple of times running calls here. It was usually about 9 months or so until the episode aired.
I fully admit that I don't know all the facts. But that article doesn't even share 10% of what was in the papers the last few months. Add the fact that I have been the badge in these situations a few times and I am going to side with the state on this one, as far as the infraction goes. HOWEVER- the officer failed to properly secure that meat. The statement that it was donated is false from what I understand. From what I read it most likely spoiled, which is the real crime here. But I don't think the officer was "showing off for the cameras" as has been the main point of defense by this clown. He has made a lot of excuses, mostly via deflection, that even if what he did was illegal (which he still won't admit) it shouldn't be a big deal. He got off pretty lucky here in that all he lost was his kill.
But I stand firm in saying his excuse of "we don't have to tag them right away where I come from" is utter bullshit. I think exactly what the warden thought...... he was trying to get away with something and he got caught. If he never comes back to Montana I won't be broken hearted.
19 Feb ’12
Obviously, I don't know what happened, but I think what the guy is saying (or at least my interpretation) is that merely having a camera crew there affected the Warden's judgement. Where something like this would normally be a verbal warning, having a camera crew there caused the Warden (whether consciously or unconsciously) to behave differently and be stricter than he normally would have.
3 Jun ’12
easytapper said
Obviously, I don't know what happened, but I think what the guy is saying (or at least my interpretation) is that merely having a camera crew there affected the Warden's judgement. Where something like this would normally be a verbal warning, having a camera crew there caused the Warden (whether consciously or unconsciously) to behave differently and be stricter than he normally would have.
When I was in the field, a situation like this would not be just a verbal warning.
If I was the officer, with the undisputed facts at hand here is how I would have played it.
I See/hear/become aware somehow of the fact that an animal just went down. I observe the hunters next actions. This is never immediate, you don't want to bump a wounded animal... any hunter knows this.
So I watch.
Hunter makes physical contact with his game, assures it is down.
Foe ME, this is when the clock starts. After the usual "grip and grin" pics are taken, it is generally considered a final act of claiming your animal (and the legal expectation, btw) to notch your tag and attach it to the animal. Its the statement that this animal is mine, I did this. Its a moment to be proud of, its a lot of goddam work!
So I would lay back and assure that what should happen normally, happens. Usually it plays out exactly like that.
I would then likely make contact. This would be both a LE contact to assure all I legit, but more importantly a PR contact. Let them know that we really are out there, that we are genuinely concerned for there welfare. I was always the friendly ranger until I had a reason not to be the friendly ranger. We would BS about the hunt, where they came from, how the hunt went. Maybe give em a tip, often give em a hand. Congratulate them on their success. Ask about the rest of their party and about other hunter movement. Ask them if they had seen anything I should be taking a look at this season.
But none of that happened. As the officer was still observing the hunters behavior, reportedly about 20 minutes in, the shooters brother comes driving down the road to help recover the animal. This is when the officer met the brother had a conversation about the possibility of the shooter losing his game and facing a charge. For me, as the officer pursuing an investigation, it would strike m as suspect that the shooter had already called for extraction of his kill and was then waiting around but STILL hadn't tagged his animal. The officer involved came to the same conclusion and I obviously agree with this.
The following users say thank you to MountainMedic for this useful post:
easytapper3 Jun ’12
KVR said
I forgot you use to be a parks officer, how long did you do that for, it always seemed like an interesting job to me, the wardens here in Maine seem to really enjoy their work
I did 5 (3 summer and 2 winter) seasons over the course of 7 years. I did a lot of other stuff in my off seasons and for a while worked full time doing wilderness therapy. In the end, I had a whole bunch of things I was interested in pursuing. One day, while living in Vail, I received a phone call offering me the (HOLY GRAIL) position of permanent senior ranger in Flagstaff AZ and also received my acceptance letter into paramedic school. ON THE SAME DAMN DAY!!! It was a really difficult call, to be honest. In the end I came to the decision that I had just accomplished what I had set out to do as a Ranger (a big part of that was to become integrated into and be accepted by the straight world). I didn't want to be a desk Ranger, I wanted to be in the field and to be useful. I wanted to do something new and scary, and I had a knack for field medicine that I had recently realized. So I did what nobody in their right mind would ever do.... I said thanks but no thanks to the State of Arizona and said yes to the glamorous life of getting punched and puked on for a living.
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