Prosecutors Desk 3-3-13

On February 12, 2013, a Stevens County jury found Marion Woody guilty of Unlawful Hunting On or Retrieving Hunted Animals From the Premises of Another. The charge was the result of an incident that occurred in October last year. WDFW Officers Dan Anderson and Pam Taylor conducted the investigation. Officer Anderson had responded to a call by a property owner who had confronted hunters after they had shot a deer and removed it from his property.

The property owner testified that he was in his home and heard a gunshot close by. He left his home to see what was going on and saw Mr. Woody and his son walking towards a deer that was down on his property. The landowner recognized the deer as a young deer that his kids had been feeding. He testified he told Mr. Woody that the deer was not a legal deer in that Game Management Unit area. After a brief confrontation, the landowner testified he saw Mr. Woody load the deer in his pickup and leave the scene. The property owner testified the deer was downed on his property beyond a gate with “No Trespassing” signs and a barricade of boulders.

Officer Dan Anderson testified that he responded to the call because he was just a few miles away. He spoke with the property owner and located the scene of the deer kill and photographed it. He obtained a description of the vehicle and called dispatch requesting assistance from other officers in locating the vehicle and Mr. Woody.

Officer Pam Taylor testified that she was in the area and heard the dispatch call and so began looking for the vehicle. She testified she was driving along Old Dominion Road when she saw a vehicle matching the description parked off the road behind some trees. She located the defendant in the process of field dressing the deer. She then contacted Officer Anderson who responded to that location and completed his investigation.

Mr. Woody testified at the trial. He testified that they had driven down Dolomite Road and had gotten turned around and then observed the deer and pulled off onto what he believed to be a county right of way. He testified he thought the deer was a legal deer in that Game Management Area. He testified he retrieved the deer and left the scene to avoid further confrontation with the landowner.

At the conclusion of testimony and oral argument, the jury deliberated for a short time and then came back with a verdict of guilty. Mr. Woody was sentenced to one day of jail, a $250 fine, and he was required to pay one half of the trial costs and court costs.

Deputy Prosecutor Saundra Richartz prosecuted the case for the State and Attorney Gary Weber represented the defendant.

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