I pasted the 2011 story below.
COLUMBUS, Ohio (AP) -
The Ohio Supreme Court is considering a case of a prize trophy deer, how much it's worth to the state and whether a hunter killed it illegally on private property.
The state's high court must decide whether a Huron County man owes the Department of Natural Resources nearly $28,000 in restitution for killing the 20-point deer on private land without permission.
The case heard Wednesday involves a "hunting-lore sized deer" that lived primarily on private commercial property where trespassing was strictly prohibited, according to The (Youngstown) Vindicator. That's probably why the 5- or 6-year-old animal had been able to grow so large.
Arlie Risner's attorney told justices that his client was lawfully hunting when he shot the deer with an arrow and it crossed onto private property and died.
But agency attorney Michael Hendershot said investigators found a tree stand and deer entrails on the private property in question.
According to documents, the state took DNA samples from the organs and later compared them to a deer being processed at a local meat shop and taxidermist.
They also seized a 20-point antler rack that Risner had left for processing.
Risner pleaded no-contest to a related charge and was fined $200 and ordered to pay $90 in restitution and $55 in court costs. His hunter's license was suspended, pending payment of nearly $28,000 in additional restitution for the deer.
Hendershot said the dollar amount covered the value of the antlers and carcass and the animal's value to the state.
"The formula is meant to compensate the people of Ohio for the loss of the deer and for honest hunters and naturalists," he said.
The court did not indicate when it would rule.
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From 2011
Arlie Risner of Bellevue says he had no clue he'd be handed a bill from the Ohio Division of Wildlife for $27,851, a record amount of restitution sought for illegally killing a trophy Ohio deer. He just wanted to be done with a charge in Norwalk Municipal Court of hunting deer without permission.
"I couldn't afford the $6,000 my attorney, Neil McKown (of Shelby), said it would cost to go to trial, so he told me to plead no contest," said Riser. On Feb. 23, Risner was fined $200 by Judge John S. Ridge and had his Ohio hunting privileges suspended for a year.
In early April, said Risner, he received a registered letter from Ken Fitz of the Ohio Division of Wildlife, who handles restitution cases. The wildlife agency wanted $27,851 in restitution for the trophy non-typical buck. Wildlife officers had already confiscated the antlers, which scored 228 6/8 inches, according to the Boone & Crockett scoring system that sets the restitution amount.
"It was pay up, or I can't buy a hunting or fishing license," said Risner, who has a small tree service.
It's far worse than that. Risner, 58, a lifelong angler and hunter, must write a check to the wildlife agency in the next few months, said Fitz, or the Attorney General's office will be called in to collect the restitution.
At the heart of the controversy is Risner's claim he wasn't illegally hunting on CSX railroad property near Willard on Nov. 10, 2010. He says he was in a tree stand on his cousin's small property nearby when he saw the deer for the first time, and shot it at 8:30 a.m. with an arrow from his crossbow. Risner said the wounded deer ran to the CSX property and died.
Risner had a hunting license and deer permit. He dutifully took the deer to a local check station.
Getting a tip about Risner's deer, Huron County Wildlife Officer Josh Zientek and Wildlife Investigator Jeff Collingwood investigated. They are sure Risner was hunting railroad land, where Homeland Security rules don't allow hunting or trespassing of any kind. Both railroad security officials and wildlife officers say they will arrest anyone caught on the restricted lands.
"When I followed the blood trail from my cousin's property, where I was hunting, I did go on the railroad property to retrieve the deer," said Risner. "My friend Randy Oney helped me load the deer on a four-wheeler. I'm still recovering from colon cancer four years ago, and couldn't do it by myself. Oney also ended up getting cited for hunting without permission for helping me."
Risner had never before been cited for a fishing or hunting violation. His only tickets had been for speeding and a seat belt violation.
"We found the tree with the appropriate scrapes where Risner had placed his tree stand, as well as fresh bait piles containing corn," said Collingwood. "We found all of the deer blood on CSX property, and none on his cousin's property. We took DNA samples to make sure we had the right deer. None of the information we got from Risner was accurate, according to the evidence."
"I'm 100 percent positive Risner was hunting on railroad property," said Zientek.
"Risner admitted being dishonest with the wildlife officer in a phone call about the restitution," said Fitz. "He apologized for that."
"I never told (Fitz) that," said Risner. "It's their word versus my word. I would have gone all the way (in court) if I'd known about the restitution. I would have borrowed the money to fight it."
Now it's too late.
COLUMBUS, Ohio (AP) -
The Ohio Supreme Court is considering a case of a prize trophy deer, how much it's worth to the state and whether a hunter killed it illegally on private property.
The state's high court must decide whether a Huron County man owes the Department of Natural Resources nearly $28,000 in restitution for killing the 20-point deer on private land without permission.
The case heard Wednesday involves a "hunting-lore sized deer" that lived primarily on private commercial property where trespassing was strictly prohibited, according to The (Youngstown) Vindicator. That's probably why the 5- or 6-year-old animal had been able to grow so large.
Arlie Risner's attorney told justices that his client was lawfully hunting when he shot the deer with an arrow and it crossed onto private property and died.
But agency attorney Michael Hendershot said investigators found a tree stand and deer entrails on the private property in question.
According to documents, the state took DNA samples from the organs and later compared them to a deer being processed at a local meat shop and taxidermist.
They also seized a 20-point antler rack that Risner had left for processing.
Risner pleaded no-contest to a related charge and was fined $200 and ordered to pay $90 in restitution and $55 in court costs. His hunter's license was suspended, pending payment of nearly $28,000 in additional restitution for the deer.
Hendershot said the dollar amount covered the value of the antlers and carcass and the animal's value to the state.
"The formula is meant to compensate the people of Ohio for the loss of the deer and for honest hunters and naturalists," he said.
The court did not indicate when it would rule.
----------------------------------------
From 2011
Arlie Risner of Bellevue says he had no clue he'd be handed a bill from the Ohio Division of Wildlife for $27,851, a record amount of restitution sought for illegally killing a trophy Ohio deer. He just wanted to be done with a charge in Norwalk Municipal Court of hunting deer without permission.
"I couldn't afford the $6,000 my attorney, Neil McKown (of Shelby), said it would cost to go to trial, so he told me to plead no contest," said Riser. On Feb. 23, Risner was fined $200 by Judge John S. Ridge and had his Ohio hunting privileges suspended for a year.
In early April, said Risner, he received a registered letter from Ken Fitz of the Ohio Division of Wildlife, who handles restitution cases. The wildlife agency wanted $27,851 in restitution for the trophy non-typical buck. Wildlife officers had already confiscated the antlers, which scored 228 6/8 inches, according to the Boone & Crockett scoring system that sets the restitution amount.
"It was pay up, or I can't buy a hunting or fishing license," said Risner, who has a small tree service.
It's far worse than that. Risner, 58, a lifelong angler and hunter, must write a check to the wildlife agency in the next few months, said Fitz, or the Attorney General's office will be called in to collect the restitution.
At the heart of the controversy is Risner's claim he wasn't illegally hunting on CSX railroad property near Willard on Nov. 10, 2010. He says he was in a tree stand on his cousin's small property nearby when he saw the deer for the first time, and shot it at 8:30 a.m. with an arrow from his crossbow. Risner said the wounded deer ran to the CSX property and died.
Risner had a hunting license and deer permit. He dutifully took the deer to a local check station.
Getting a tip about Risner's deer, Huron County Wildlife Officer Josh Zientek and Wildlife Investigator Jeff Collingwood investigated. They are sure Risner was hunting railroad land, where Homeland Security rules don't allow hunting or trespassing of any kind. Both railroad security officials and wildlife officers say they will arrest anyone caught on the restricted lands.
"When I followed the blood trail from my cousin's property, where I was hunting, I did go on the railroad property to retrieve the deer," said Risner. "My friend Randy Oney helped me load the deer on a four-wheeler. I'm still recovering from colon cancer four years ago, and couldn't do it by myself. Oney also ended up getting cited for hunting without permission for helping me."
Risner had never before been cited for a fishing or hunting violation. His only tickets had been for speeding and a seat belt violation.
"We found the tree with the appropriate scrapes where Risner had placed his tree stand, as well as fresh bait piles containing corn," said Collingwood. "We found all of the deer blood on CSX property, and none on his cousin's property. We took DNA samples to make sure we had the right deer. None of the information we got from Risner was accurate, according to the evidence."
"I'm 100 percent positive Risner was hunting on railroad property," said Zientek.
"Risner admitted being dishonest with the wildlife officer in a phone call about the restitution," said Fitz. "He apologized for that."
"I never told (Fitz) that," said Risner. "It's their word versus my word. I would have gone all the way (in court) if I'd known about the restitution. I would have borrowed the money to fight it."
Now it's too late.
