Scott Marvin Nitschke, a Pierce County man, was convicted on October 16, 2013 of one count of Unlawful Hunting of Big Game in the Second Degree for hunting elk inside the boundary of the Spokane Indian Reservation nearly one year ago. This is outside of Game Management Unit 121. He had been charged with two counts. The trial testimony is summarized below.

Tribal member Danny Kieffer testified that on October 29, 2012 he saw non-tribal men within the exterior boundary of the Spokane Indian Reservation hunting and, while he was watching, that they shot an elk. He testified that he then contacted Tribal Game Warden Bart Kieffer and that together they contacted the hunters.

Danny and Tribal Game Warden Bart Kieffer testified they contacted Mr. Nitschke within the exterior boundaries of the Spokane Indian Reservation with his non-tribal companions with the downed elk. Mr. Nitschke and his companions were told they weren’t allowed to hunt in that location and asked to leave.

On October 31, 2012, Mr. Nitschke and his companions were again hunting. This time they were further within the reservation. The tribal officers detained the hunters and contacted the Department of Fish and Wildlife.  Sergeant Pam Taylor and Officer Nick Parkert responded. Mr. Nitschke admitted to the DFW officers that he was hunting and they informed him that he was outside of GMU 121 and that he shouldn’t be hunting where he was.

At trial, Warden Bart Kieffer testified to contacting the hunters and testified that on both days they were within the boundaries of the Spokane Indian Reservation where he typically patrols. Officer Greg Carter of the Spokane Tribal Police testified to contacting the hunters on 10/31 and testified that they were within the boundaries of the Spokane Indian Reservation where he typically patrols. Detective Phin Haglin testified that he contacted the hunters with Officer Carter and asked them to remain until the Department of Fish and Wildlife Officers could contact them.

Sergeant Pam Taylor and Officer Nick both testified that the hunters were wearing camouflage and hunter orange, carrying rifles and, when asked, Mr. Nitschke admitted he was hunting. Both Sergeant Taylor and Officer Parkert testified that Mr. Nitschke was outside the boundary of GMU 121.  Pam Taylor testified that there is no open season on the Spokane Indian Reservation and that the entire area is closed to non-tribal hunters.

Assessor Al Taylor testified to a map of the area. The map was highly contested by defense counsel, but eventually admitted into evidence. The Assessor testified that the map was created from a database maintained by the State of Washington and that it did truly and accurately portray that area. Prominent in the map and in the case were the location of the 48^th parallel, which serves as the southern boundary to Game Management Unit 121, and the northern boundary of the Spokane Indian Reservation.

At the close of the state’s evidence, Judge Tviet dismissed the count of unlawful hunting on the 29^th.  She ruled that the state had not presented sufficient evidence to allow the jury to decide if the defendant was hunting on the reservation on that day.

Detective Phin Haglin, Spokane Tribe General Counsel Scott Wheat, and Spokane Tribal Councilman Mark Wynne were in attendance for the second day of the trial. Mr. Wheat made a moving statement at the conclusion of the trial. He explained to the court that the elk herd that resides within the Reservation boundaries is used for subsistence hunting by the tribal members. He described how tribal members depend on the elk for their winter meat to feed their families.   Sentencing has been postponed until early November.