Prosecutors Desk 4-10-11

On Wednesday of last week, the United States Attorney’s office in Spokane issued a statement regarding the marijuana stores that have opened in eastern Washington.  The release noted that more than 40 of these stores have opened in Spokane County.  This is more than any other single county in Washington.  The statement made it very clear that these stores are illegal under both federal and state law and that the operators of the stores and the property owners who allow these stores to operate may face prosecution under federal law.  The statement noted that property owners have been notified of the penalties associated with allowing tenants to operate those stores, which could include forfeiture of the property.  Time will tell if the warnings are heeded.

I have received a couple of letters and phone calls regarding the problems people have been having with cougars, mainly in the northern sections of Stevens County, but folks as far south as Clayton have had problems as well. One lady wrote that she and her husband have seen a cougar on top of their chicken house and that they have to take a gun with them when they go outside to do chores around the farm.  They report they have seen more of these predators this year than ever before.  I would like to hear from folks regarding this problem.  There is an extension of the cougar hunting pilot for several northern counties before the legislature which may be of some help, the bill passed the Senate, but may not survive the House.
People have asked whether the law allows them to protect their property from these dangerous animals.  RCW 77.36.030 provides that a property owner or the owner’s immediate family, employee, or tenant may kill a cougar on that property, if it is threatening human life or causing property damage.  In this situation no permit or permission is required.

In a recent Supreme Court case, the court recognized that people have a constitutional right to protect themselves and their property from animals which threaten either persons or property.  People have the right to kill a cougar in self defense or in defense of another, but the killing must be reasonable and justified. A person taking such action must have a reasonable belief that the cougar poses a threat of harm, that this harm is imminent, and the action is the only reasonable available means to prevent that harm.

Remember: Cougars are dangerous.  If they are near homes and livestock they should always be considered a threat. I encourage folks who have problems with these predators to contact the Department of Fish Wildlife and ask them to take action to protect them from these animals.

Comments are closed.